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CIHM/ICMH 

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Collection  de 
microfichas. 


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tha  usual  mathod  of  filming,  ara  cl.ackad  balow. 


D 


Colourad  covars/ 
Couvortura  da  coulaur 


f      I    Covars  damagad/ 


Couvortura  andommagio 

□    Covars  rastorad  and/or  laminatad/ 
Couvortura  rastaurAa  aVou  palliculAa 

□    Covar  titia  missing/ 
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□   Coloured  plataa  and/or  illuatrations/ 
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0    Bound  with  other  material/ 
Reli*  avac  d'autres  documents 


n 


n 


n 


Tight  binding  may  cause  shadows  or  distortion 
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Pages  damaged/ 
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n 


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Ce  document  est  film*  au  taux  de  reduction  indiqu*  ci-deaaous. 
10X  14X  18X  ax 


n 


26X 


J 


12X 


16X 


30X 

m 


onv 


24X 


<SA 


32X 


'• 

i*tails 

•«  du 

nodifier 

ir  UP9                  ! 

ilmage 

IS 


rrata 
to 


peiure. 
1  d 


J 


32X 


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1  2  3 


L'exemplaire  film6  fut  reproduit  grAce  A  la 
ginArosit6  de: 

Bibliothdque  nationale  du  Canada 


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conformity  avec  les  conditions  du  contrat  de 
fllmage. 

Les  exemplaires  orlginaux  dont  la  couverture  en 
papier  est  imprimde  sont  fiimis  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impreesion  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fllm6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impreesion  ou  d'illustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  fttre 
fiimAs  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich«,  11  est  filmA  d  partir 
de  I'angle  sup4rieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

4 

5 

6 

DBFINrnVB  STATBBiIBNT* 


ON   THE   PART   OV 


THE  UNITED  STATES, 


OP  THE  CASE  REFERRED, 


m   PWhSCANCE   OP  THE 


CONVENTION  OF  a9TH  SEPTEHIBER,  1827, 


BETWEEN    THE   SAID   STATES  AND 


GREAT  BRITAIJV,, 


TO  HIS  MAJESTY 


THE  KING  OP  THE  NETHERLANDS, 


FOR  HIS  DECISION  THEREON. 


PRINTED,  BUT  NOT  PUBLISHED. 


WASHnrOTOtf: 

PRIXTKD  AT  THE  OFFICE  OF  THE  UNITED  STATEs'  TELBOHAPH. 

1S29. 


CONTENTS. 


.    North-west  angle  of  nova  scotia,  &c.       -        .        . 

§  1.  Preliminary  Observations,  ---... 

FirBt  Part — Objections  to  the  ^mencan  Line  examined, 
^  2.  General  Arguments,  applicable  to  both  the  Bay  of  Fundy  and  the  Gulf  of 
St.  Lawrence,       ---... 
1.  Refutation  o  the  assertion,  that  it  was  intended  to  assign  to  each  Power, 
the  whole  of  the  rivers  which  had  their  mouths  in  their  territories,  re- 
spectively,        ---... 
13.  The  term  "  Alantic  Ocean,"  in   its  usual  acceptation,  embraces  the 
Bay  of  Fundy  and  the  Gulf  of  St.  Lawrence,     -  -  .  . 

§  3.  Objection  derived  from  the  designation  of  the  Bay  of  Fundy,  as  disUnct 
from  the  Atlantic  Ocean.    (First  British  Argument— Summary,) 

1.  The  special  designation,  which  in  one  clause  of  the  treaty,  restrains,  can- 
not affect  the  general  meaninsj  of  the  term  "  Atlantic  Ocean,"  in  another 
clause,  -...._ 

2.  Reason  why  the  Bay  of  Fundy  was  thus  specially  designated  in  that 
clause  of  the  treaty, 

S  4.  Objections  to  the  River  St.  John,  derived  from  other  sources  than  the  terms" 
of  the  treaty.    (Second  and  Third  British  Argument— Summary,) 
1.  The  proposal  on  the  part  of  the  United  States,  prior  to  the  treaty  of 
1783,  to  mak-  the  River  St.  Jolin  the  boundary,  does  not  affect  their 
right  to  the  contested  territory,  -  -  .  .  . 

^2.  The  Canadian  origin  and  subsequent  sales,  &c.  of  the  Fief  of  Mada- 
waska,  are  altogether  irrelevant  to  the  question, 

3.  The  notice,  in  1765,  not  to  hunt  on  Indian  grounds,  does  not  prove  that 
they  were  iield  to  be  within  tiie  Province  of  Quebec.  Fourth  British 
Argument,^  ------. 

J  .1.  Objections  relating  to  the  Gulf  of  St.  Lawrence,     -  .  .  . 

1.  Further  proofs  that  the  rivers,  emptying  themselves  into  that  Gulf,  are- 
comprehended  amongst  those  designated  in  the  treaty,  as  "Rivers  that 
fall  into  the  Atlantic  Ocean,"     ...  ... 

■:.  The  error  in  Mitchell's  Map  cannot  affect  the  obvious  mcanin"  of  the 
terms  of  the  treaty,        -  ....  .° 

.)  C.  Objections  derived  from  the  signification  of  the  term  "highlands."  (Fifth 
British  Argument— Summary, )      .  .  .  °  .  _ 

l.That  term,  indeterminate  in  its  general  sense,  does  not  necessarily 
inea.i  a  mountainous  country;  defined  by  the  annexed  condition  of  divid- 
ing rivers;  proper  in  that  general  sense,  as  descriptive  of  any  dividing 
ground  whatever,  --.,.. 

■i.  It  ii  used  as  synonymous  with  «  height  of  land;"  which  last  term  is  ap- 
plied exclusively  to  the  ground  which  divides  rivers,  without  reference 
to  the  absolute  elevatio  .  or  character,  in  other  respects,  of  such  ground, 

3.  Mitchell's  Map  proves,  that  the  negotiators  did  not,  by  "highlands," 
mean  a  generally  mountainous  country,  .... 

4.  The  surveys  under  the  late  Commission  do  not  even  prove  the  facts, 
(irrelevant  if  proved,)  asserted,  respecting  the  character  of  the  highlands' 
claimed  by  the  two  parties  respectively, 


Page. 
1 

1 

4 


4 

8 
14 

14 

18 

23 

23 
28 


33 
34 


34 
36 
40 

40 

44 
48 

48 


i? 


«  7.  Objections  .Icrivfd  from  a  presumed  constant  assertion  of  the  Britisl, 
cla.n.  s.ncc  the  treaty  of  1783.     (Fou.-.l.  British  Argument-Summary 

1.  Attempts  by  Canada,  1783-1794,  .  .  .  ^^' 

2.  Madawaska  Setllonient,  •  .  .  *  " 
•'.  Uritisli  claim  not  nsseited,  170<1-1614,              .            .            \ 

4.  American  claim  asserted, 

5.  Negotiations  of  Glicnt,  1814,  .  .  ,  " 
C.  New  Brunswick  Jurisdiction,   -            -            -            .             * 

Second  Part— 77,c  Hrithh  Line  rxamintd,         .  . 

§  8   The  terms  of  the  treaty  arc  irreconcilable  with  the  British  pretension, 
.  r.c  North.westan«lc„f  NovaScotia  m-ut  boon  the  dividin,?  highlands, 
-.  Ihe  boundary  l.ne  must,  /,«,«  the  said  angle  to  the  North  westernmot 
^  source  o  Connecticut  River,  be  along  the  said  dividing  highlands, 
..    n  e,polat.ons  and  M.bslitutions  of  other  expressions  to  the  terms  of  the 
CommisS'  "  """*''  ^^''^ '"''  ^"'"'"'""i""'"-.  ""der  the  late 

4.  Attempt  to  pervert  the  meaning  of  the  word   "to  divide"      '. 
«  !).  Intentions  of  the  framers  of  the  treatyof  1783,  ascertained,      . 
1.  Deduced  from  the  identity  of  the  boundary,  designated  by  the  treatv 
w.th  those  assigned  by  the  previous  public  acts  of'oreat  Bdlin,  ^  £ 
Provinces  of  Quebec  and  Nova  Scotia   -  .  »  ".  w  me 

0.  Inferred  from  the  maps  published  between  1 763  and  1 783,        '. 
3.  Proved  by  Mitchell's  Map,  which  is  acknowledged  to  have  regulated  the' 
jmnt  and  official  proceedings  of  the  framers  of  the  trea^ 
.     §  10.  NORTKAVESTEUNMOST  HEAD  OF  CONNECTICUT  RIVER.' 

" ' "  T„^RrvL^l^^.XJS^"^^^^^^^^  '*!^^«-  ^^ 

NOTES  TO  THE  STATEMENT. 

A  Extent  of  the  Fief  of  Madawaska, 

B  Governor  Pownall's  information,  ,'"''" 

h  Observations  on  the  Engraved  Maps,       -  '  "  *  ' 

F  Adolphus-g  History  of  George  the  Third,  -  .  ]  ]  -•        - 


30 
50 
55 

56 

38 
60 
6S 
63 
63 
64 

6fi 


68 

71 

72 


73 

77 

78 
82 

86 


88 
88 
89 
94 
95 
96 


L 


ERRATA. 


Definitive  Statement. 

P»«e    9,  lineSO— For<>diMnict,"read  "diftinet'' 

14,  "     9— For  "  nor"  read  ••  or." 

38^  •'   40— For  "  the"  read  "  her. " 

"  "  41— Strike  out  "of  Great  Britain." 

41,  ••    36— For"  conditiona"  read  "condition." 

43,  "33  -For  "  had"  read  "  hare." 

44,  "   35— F3r'>therfore"read"thercfoi«." 

45,  "   46— For  "their" read  "the." 

48,  "   5&— For  "uBneeMar>"  read  "unnecetiaiy." 

50,  "   33— Strike  out  "of." 

51,  "   44— For  "of,"  at  the  end  of  the  line,  read  "to." 
53,  "    33— Strikeout  "by." 

'9,  "     6— For"poHauon"read  "poMcwioo." 

90,  "   50— For  "in"  read  "on." 

91,  "     7— Strike  out  "  that  of." 

92,  "     7— For  "  Bait"  reiid  "  Wett. " 


■H I 


STATEMENT. 


I. 

NORTHWEST  ANGLE   OF   NOVA    SCOTIA,  &o. 


§1. 

PRKLIMINARY  OBSERVATIONS. 


Some  of  the  Preliminary  Observations  of  the  First  SUitcment,  on  the  part  of  Great    iv.-imi„.,yoi, 
Britain,  appear  to  have  been  intended  for  the  purpose  of  suggesUng,  that  the  treaty  of  ■"""""• 
1783  ought  to  be  interpreted  by  rules  different  from  those  universally  recognised  for 
the  construction  of  treaties  in  general. 

It  is  difficult  to  understand,  for  what  other  purpose  it  is  asserted,  that  a  Boundary 
established  between  the  United  States  and  the  remaining  British  Provinces,  and  there- 
fore  common  to  both,  "was  made  in  reference  to  the  boundaries  of  the  Provinces 
relinquished,  and  not  in  reference  to  those  which  remained  under  the  sovereignty  of 
the  King:"  an  assertion  which  appears  still  more  extraordinary,  when  it  is  recollected 
that  the  description  in  the  treaty  of  the  Boundary  in  question,  is  almost  literally  bor- 
rowed from  that  of  the  boundaries  theretofore  assigned  by  Great  Britain  to  the  Pro- 
vinces of  Nova  Scotia  end  Quebec. 

Another  assertion  equally  uncalled  for,  is,  that  the  relative  position  of  Great  Britain 
to  the  United  States,  at  the  time  of  negoUating  the  Treaty  of  1783,  (or  the  Provisional 
ArUcles  of  Nov.  1782,)  was  that  of  "a  Mother  Country  treating  with  Colonies  not 
yet  recognised  a«  independent;"  and  that  "from  the  period  of  the  cession  by  France 
of  the  Province  of  Canada  in  170.3,  to  that  of  the  peace  of  1783,  the  whole  of  that  por- 
tion of  N.  America  belonged  to  Great  Britain." 

It  might  with  equal  propriety  be  asserted,  that  all  the  United  Provinces  of  the 
Netherlands  had  belonged  to  Spain  till  the  treaty  of  Westphalia.     It  is  notorious  and 
in  proof,  that  the  United  States  refused  to  o|Mjn  a  negotiation  with  Great  Britain 
until  their  independence  had  been  prcviou.sly  actually  recognised;  and  that  Richard 
Oswald,  the  Commissioner  appointed  on  the  part  of  Great  Britain,  was  accordinirlv 
by  his  Commission  dated  21st  September,  1782,  authorized  to  treat  with  any  Com- 
missioners or  persons  vested  with  equal  powers  by  and  on  the  part  of  the  thirteen 
United  States  of  America;  his  former  commission  of  the  7th  of  August  precedinij 
appointing  him  to  treat  with  any  Commissioners,  named  or  to  Ikj  named  by  certain 
Colonies  or  PlantaCons  therein  specified,  being  at  the  same  time  expressly  revoked 
by  his  said  second  commission.  («) 

The  acknowledgment  of  the  indeiH^ndei.ce  of  America  was  only  the  rccoRnition 
of  an  existing  fact :  an  acknowledgment  not  wanted  by  the  United  Stales,  in  order  to 
establish  the  fact,  but  which,  by  putting  an  end  to  the  war,  was  highly  important  to 
them;  and,  it  may  be  presumed,  not  undesirable  to  Great  Britain. 


I 

il 

i    I 


yi  I 


(a)  Written  Eviilencr,  No.  9  (a) 


lr»ttl<ni».    '"* 


••"•«. 


ThM  rel„u|„i,hme.n,   which  w».  ' 

'•'•ov.nc,.,  and  of  tj.e  other  P..  i  *"'««--«'nt  'nvcstigation  of  H     ru         ^'  "• 

«loptcd,  had  there  b,.P„  »  "  '*"'  alternative  would  .,„  i    7'         °"  "  '""^• 

thought  it  a6soZ2  ^  ;'"'"'-"-'*'"'y  «"  the  part  of  Z  N  ""''""''"-""y  ^ave  hoc,. 

^-e  Charter  In^  o  h:  p!;,;;;;':;^:''""-     ^"--i  of  .W  •:,:;.    ric"^"'  ""'""^ 
'-"•e  the  snhjeot  in  that  ^  „r    '^  "'  ^'•^'"  «'''-".  the;  uLal;;"'"''«''''''"  "'" 

"•'■"'  the  provisions  of  ,.      r        '  ""  "'^"'«">'  '»  ''^-'inc  thoT     .         "'"'  '^  ^'°'"- 

PuiWie  aL.  ''  '"^^  ^'-ter,  as  n.oditied  or  ex/J!:; ^tl  "'.r'"™''>- 

A  <loubt  in<lco,|  af,er>v.r  1  ''  *"'''"•''' 

'■"•»»  ".col  j:;t;x'7«'''.i»T^^^^ 

«™tco„f„„„i,    „,..       f^"'  '^"ra  ■■>«»«.,  a,  cl;,i„,,,|  |,v,r,„„  .,   ,    , 

y  "'g'Wand  that  <loc,  ac.ualiy  ,hW.le,  riv  rl  t  i        "  "''""" 

'     ^"'"«t^''"i'ty  therm 


"''"'luidhcd,  on  tl,o 
I"'"  to  b«  ii.Uopen- 

'•«'••  'n<l«,)cn(lencf, 
'"ntractiMK  Power. 

''  <l«'iiic  iho  acdmJ 
'crclbrr,  ih«t  tln> 
M  are  admitted  to 

18. 

n»  «<■  (1.0  IlritMh 

'^'o'ved  in  ob.icu- 

fficient  accuracy, 

■*.anii  ttianccfs. 
lion.N. 

»»,  l>c  presumed 
'msetts'  Day,  i,, 
'  Charter  of  that 
•  ""hjcct,  which 
equally  evident, 
Jt  none  in  Uiat 

i«l«nce  o/Tcrcd, 
c  JinolKjiv  ,g„ 
a«  soon  as  con- 
<"y  have  been 
•"'id  had  they 
^-'''eral  jwinta 
vcstigation  of 
J'-ficd,  not  to 
unce  to  Com- 
'  conformity 
'thcr  several 

''y  a  opocial 
line  of  Mil, 
could  ariw; 
'"ch  is  now 
'"«■  obscure, 

'•C'S  i*,  ill 
•■'^i'l's  thai 
isti^oiiche. 
^'c  extent, 
"y  «livido 
ITS  of  Uio 
'»  and  the 
Atlanti,. 

"f  Nova 
'"  wiiJii,, 
ty  then> 


««lv..  .nto  ,h.  Hivrr  St.  Lawrrnr...  from  any  other  river  or  river,  whatever  And 
.t  IS  hkew...  «okn«wl..dKe.|.  on  her  part,  that  .|„.  boundary  line,  claimed  l,y  her  i, 
.rom  hat  ,«.„t.  and  thn.uKh  three-lifths  of  i„  extent,  along  hi^hlan,ls  whic'h  do  no! 
actually  ...vide  river,  that  empty  them,olvo«  into  tho  River  StI.wrcnce.  from  i."  v 
»Hher  river  or  rivcm  whatever.  ^ 

Tho  quertion  at  im>.  between  tho  two  C»overnme„t»  therefo.t,  is.  whether  the 
crms  of  the  Tre.ty.  which  .lescriln,  ,he  North-west  An«lc  of  Nov.  Scotia  and  t 
oundary  ,.„..  from  that  point  to  a  source  of  the  Connecticut  Kiver.  as  bein  J.  '  c- 
lr".l       "rV""  "'''"'""'''••  "'"'•"  •"^'""  '*'-'  -ivc.  that  empty  themXe 

.n  the  first  plac,  tba,  the  terms  of  the  treaty  weru  M.scep  ,1  :f'       t  ;    rZ: 
winch  she  ascribes  to  them.  •  "'*-  inuiprLtaiion 

S  ttement,  ,o  sustain  tho  main  position  on  which  the  pretension  of  (  rea.  Hr  ta 
founded.    No  attempt  is  made  to  prove,  that  the  terms  of  the  treaty  can  be  o    . t  ", 

as  to  mean  the  reverse  of  what  they  exprew    And  it  i,  h..o.. ,     .k  T  '""'"""'' 

wholly  irreconcilable  with  her  pnaensilriha^ll^T"''.!'''"' '''"''"'••' 
;.  ..as  boen  done  in  the  Stat  Jnt  o.r^l^^r:::^:;^  ^^'^^/^''^S 

clZaV  'Z  """"'"''  "'"^  '-^  "'"^"'  »"•'  ^  -''•-  i'>tentions  v^i  ch     t  wil     c 
found   have  been  most  gratuitously  ascribed  to  the  fr.mers  of  the  treaty 

Admitting  that  there  was  .some  founilni;,«.  r,>..  .k„  •     •.      . 

T »,,  >™,u,  ..„„  u,.„  u.o„  ,^„,., ,,  „„  „;j;; :    ' , .  «— "- 

1  his  observation  would  of  lt«i>li'  Iw,  ™      .■  r    .  ^•^•h). 

It  is  a  matter  of  regret  t^rtll  alt  be  f^; K  "•'  "T'T  '"  •^"  ''''''  ""J-''""- 
in«  into  details,  which  will  extend  Zk  1  '  IT  .""*'  "'"'"''  """""^  -"«'- 
boon  .nticipat;..  Hut  1  o  i^  t  e  S  Ts  T"7'  ^^'"''  '"^  ""'^'""^-  °^  '^^^ 
with  the  inconvenience  of  .ivin.  t  Zn™  "    7  ',''""  "'^  ""^'  '"  ""'-■"'''^"' 

.in^plc  and  clear  in  itself;  th^  i^v^^  a Z^^  ^  ^  ^tlj^r:."  "t^''^^"  "'''' 
in^in  a  striking  manner,  the  arKum:its  which  :^:t:Z^  I '^0:^2? 
.sustain  the  pretensions  of  Great  Hrlinin   ».  I     *•    i    •  "'^"  •■'"""■  attempt  to 

-i^uy  of  tile  right  of  the  vZ  s:^;::^  lit^d^:.::;'" '''-"'-  "^^^  ^^•• 

fhe  observations  in  the  Hritish  Statement  embn.ce  the  following  point,   vix  • 
A  general  a.sscrtion.  that  the  fiamers  of  the  treatv  of  17si  T 

.•ach  Power  tlic  entire  po.s.sess.on  of  the  river,  v..  .        '       ""'"'  '°  *''''  '" 

DoniinioiKs,  i-espectively.  '"''  ''"''"  '^''"^  '"""""'  "ithin  their 

The  «eo«r,phical  signification  of  the  term  «  Atlantic  Ocean  "' 

-  i.o  the  Atlantic  ocean,^;i:::c;;r:^;;::::;-^- ''«'^^^^ 

Iheinduclionswbiclimay  bedrawn    i„r,.(;.,.,        .      T 
ijotiations  of  178.'.  an.l  from  the  f  1,  "  "''"""""^  "^'•"''  •■'•'>'»  'J>e  n,- 

""• '—  '.i- "  Fief  .if  'ii;:;;;;'. """™  "^"^'^  °^  -^  -'••-■• «-"  o.-  i.nd  k„ow„  b,. 


Ami    »'"""'in»i) (». 

Hrt'iiliiiu, 


.m""",!,T  °'"  '*■'"'  "Rttific'tior  of  the  term  «  Highland*,'*  and  the  character  of  th<»e  olaimed  by 
both  Power  i  respectively. 

The  Acts  of  boUi  Parties,  and  the  opinions  expressed  by  rome  of  their  officers^ 
in  relation  to  the  contesttxl  territory,  subsequent  to  the  treaty  of  1783. 

Those  several  points  will  be  successively  investigated ;  always  recollecting,  how. 
ever,  that  they  do  not  affect  the  main  question  at  issue,  to  which  we  will  afterwards 
rcert. 


FIRST  PART. 

OBJECTIONS  TO  THE  AMERICAN  LINE  EXAMINED, 


t 


$  2. 


GE^nimAL  ARGUMENTS  APPLICABLE  TO  BOTH  THE  U  \Y  OF  FUNDY  AND  THE 
GULF  OP  ST.  LAWRENCE. 


Rivers  iuteraecl 
oil. 


The  first  effort  in  the  British  Statement,  to  prove  that  the  rivers  described,  in  the 
Treaty,  as  fi  Uing  into  the  Atlantic  Ocean,  do  not  include  those  that  empty  themselves 
into  :he.  Bay  of  Fundy  and  the  Gulf  of  St  Lawrence,  consists  in  an  appeal  to  certain 
p'etended  intentions  of  the  framcrs  of  the  treaty,  in  the  following  words: 

"There  being  between  them,  (Canada  and  Nova  Scotia,)  at  Uie  period  of  the  treaty 
of  1782-3,  no  certain  and  ad.nowledged  Boundary,  no  man  knew  where  the  north- 
west angle  of  Nova  Scotia  leally  was;  and  the  negotiators  of  die  treaty  proceeded  by- 
other  modes  to  describe  the  intentions  of  their  respective  Governments,  which  wei*, 
(o  give  to  each  Power  the  entire  possession  of  the  great  rivers  which  hare  tiieir  mouths 
within  their  dominions  respectively." 

That  there  were  certain  and  acknowledged  boundaries  between  Canada  and  Nova 
Scotia,  at  tJie  period  of  the  treaty,  v\  that  the  reference  in  it.,  to  the  north-west  angle 
of  Nova  Scotia,  could  not  have  been  made,  had  not  this  been  a  oornt  previously 
determined,  has  been  conclusively  established  in  the  First  AmericanSUtement  No 
mAn,  indeed,  knew  the  s|jol  of  groimd  where  that  angle  would  be  foraid;  but,  in  order 
to  ascertain  this,  nothing  mow  was  believed,  at  the  date  of  the  treaty,  to  oe  n-cquired, 
ihun  the  operation  of  surveying  the  line,  to  be  drawn  due  North  from  the  source  of  the 
lliver  St  Croix,  tUl  it  met  the  dividing  highlands.  And  admitting  the  unfounded 
supposition,  that  there  was  at  that  time  any  uncertainty  with  respect  to  those  higjh- 
lards,  it  is  most  cert;in,  that  il»e  negotiators  of  the  Treaty  resorted  to  ao  other  modes 
to  describe  the  intentions  of  their  respective  Governments,  than  that  of  defining  the 
boundary  in  the  Tivaty  itse'f. 

The  assertion  is  inferred,  from  what  is  called  the  rationale  of  the  case,  aiKl  from 
tlie  preamble  of  the  preliminary  articles  of  1  /82. 

The  rationale  of  the  case  consisU  in  saying,  that,  "  by  the  treaty,  *he  River  St 
Croix,  whfoh  is  described  as  having  its  mouth  in  ti>e  Bay  of  Fundy,  is  expressly 
assif  ^8d  as  the  extreme  eastern  limit  of  the  United  States;"  and  that,  •'  in  the  meri- 
dian of  the  source  of  this  River,  is  placed  the  |Joint  of  dei>ark:r°  for  the  whole  line  of 
boundary,  which  is,  to  be  thence  traced  westward."     Whcncs;  it  i»  inferred: 

l.st  Tliat  "It  was  evidently  determined,  in  this  very  important  part  of  the  boun- 
dary, to  divide  from  each  Jther,  at  their  source^  the  several  great  rivers  assigned  to 
each  power  Such  intent,  the  expression  'highlands  which  divide,'  plainly  denotes; 
for  what  couhi  be  tf.c  object  of  selecting  iiighlandsat  all  in  reference  to  rivers,  if  ihcw 


'  AND  THE 


ISC,  aixl  from 


TrlTi '"  ""  ""''Ji''''  ""  "^'Z  °'  '^""''"•^  indi^scriminately,  either  at  their  "'"r.  .n..^.. 
hources,  or  in  any  part  of  their  course?"  «''• 

aclly.  Tha;. 'the  St.  Croix  being  the  extreme  eastern  limit  of  theJlJnitedSUtes  the 
only  r.ver8  wh.ch  could  have  been  mtendcd  to  have  been  thus  divided,  were  surel.y 
tho*  which  empty  themselven  between  the  meridians  of  St.  Croix,  eastward,  and  ol" 
the  head  of  t  e  Connecticut  Hi^er,  westward;  thus  securing  to  the  United  S^tes  the 
who  e  of  each  nver  emptying  within  their  own  tenitory,  and  to  Great  Britain  the 
whole  of  each  river  emptying  within  her  territory. " 

In  the  first  of  those  infei-ences,  the  t,rm  « to  divide"  is  used  in  two  different  senses 
W  here  ,t  first  occurs,  and  as  applie.1  to  the  highlands,  it  means,  to  separate  the  sources  of 
one  class  from  the  sources  of  another  class  of  rivers.     In  the  next  sentence,  and  as  ap- 
plied to   he  due  North  Ime,  it  means,  to  cross  or  intersect  one  and  the  s..me  river 

^"•^^'^"'.  *'«'««"««  the  Boundary,  extending  westwardly  from  the  north-^vest  angle 

of  Nova  Scotia  to  the  source  of  Connecticut  River,  was  to  separate  from  each  other,  « 

l/,etr  sources,  the  several  rixrs  falling  respectively  into  the  Ri^-er  St.  Lawrence     nd 

,    into  Che  Atlantic  Ocean;  ,t  is  inferred,  that  it  was  intended  that  none  of  those    ivers 

*hoaW  be  ,«/emc/erfin  any  pail  of  their  course,  by  another  and  distinct  portion  of  the 

The  second  pretended  inference  is  only  a  repetition  of  the  assertion  intended  to  be 
proved  There  is  no  connection  between  the  fa.t,  that  the  sources  of  the  rive  sto  « 
divided,  he  westward  of  the  meridian  of  the  source  of  tho  St  r^-  ,    <•     . 

United  States  can  claim  no  territory,  and  the  aTsil^^tnchZ;  Z^  Zv  t. 
Suites   cannot  claim  that  portion  of  the  country  watered  bv    hZ'  u        '^ 

situated  tvest  of  that  meridian.  ^  ^  ^^""^  '■'^'"'  '^^'^^  '« 

The  United  States  contend,  that  the  intention  of  that  clause  of  the  trp,.„  c 
what  it  purports  to  be,  vi..  that  the  boundarv  line  should    hZ^h  .      uT     '"■"'"''^ 
the  north-west  angle  of  Nova  Scotia  to  ,h;  Cd  of  C;  'ne^t  Se:^^ 
each  other  the  river,  that  empty  themselves  into  the  River  S    LawrZ:  I""" 

which  fall  into  the  Atlantic  Ocean;  that  this  imperative  chu^   thuT  '^".:   '"" 

rivers,  applies  exclusively  to  that  particular  parC  Tf  tl  B^/d    v  tl  ."f ' 

fined;  that  it  does  not  prescribe,  either  to  divide  or  not  to  ;  I"  ..t  ZT'J'^' 
any  injunction  whatever,  with  ,Ts,«ct  to  an  v  other  nortion  of  ,Zu  ,  '  ?  *'"^'"' 
two  Powers;  and  that  every  other  portion  olhes^i  I  r  '''"•■'' ''*-''^^*^'^"  ^''^ 

the  rivers  (lowing  into  the  St.  Lawrence. "  '            d'Viding  ,t  from 

The  line,  which  bv  f  lie  tn-atv  is  mit  nnl.r  ,1^,^,-  i    > 

the  St.  John  from  the  St.  Lawr  n       t Ts ^^^^^^^^^  ^utexp^ssly directed,  todivide 

w.st  angle  of  Nova  Scotia,  .,.      "he    .  „  'co  Tr       "  "'^""'-^  '"'•""'  "'^'  "-"'- 

.om  the  .urce  of  the  si ..-.:::,:  iirr^;:::  r  ^^^-'^  "- 
^.■o^-t:s;:ir';;::;'l::rr;.r^^^^^ 

;K>.n  y,r.-ijlraff,  a-lverte.I  ,o;  it  must  have  b.e  or'o n  ,  ,'7;',  "r'^-""''''  '""'" 
length  of  a  straight  line  are  determined  by  the  tJ.  ;  o?  "  ;  r^;^^"^  "-'-  -' 

render  any  further  description  .superduou..  -md    ■',■" '"'''^"/"'""' '"'""" 


0 


6 

which  are  expressly  defined  in  the  treaty.  """"  ^'"'"'^ 

That  preamble  was  originally  prefixed,  in  the  same  words,  to  th*.  fm.mr.;  I 
upon,  on  the  8th  October,  1782,  bet^veen  Richaid  OswaWrntrnTn  R      m'^^'I 
John  Jay,  and  which  are  contained  in  the  paper  No   1   e„lf  H  •  T  J'""''''"'  ""'' 
ter,  of  5th  December,  1782.  (c)  '         °'''* '"  ^-  ^^''^nklin's  let- 

The  4th  Article  is  in  the  following  words: 

"  That  the  navigation  of  the  River  Mississippi,  from  its  source  to  the  Or»  .  .. 
for  ever  remam  free  and  open,  and  that  both  there,  and  in  ailrlvor?  T  u  \  '^"'^ 
ports,  and  places,  belonging  to  his  Britannic  Majesty,  or  to  the  n;  ,"«  "'  '"'''' 
any  part  of  the  world,  the  merchants  and  merchanshTn/f^  ^^'^  States,  or  in 

be  received,  treated,  and  protected,  lirtrfm  cha„rand  ^^  T  '"'  ""'  "''"'  ''''' 
reign  of  the  country:  that  is  to  say  the  Britrmerehal  Z  T'''  "' '''  "^" 
one  hand,  shall  enjoy  in  the  United  States,  and  ira  ;at;  b  on""  r^K"''^'  ""  ''"^ 
protection  and  commercial  privileges,  and  be  liable  o^   U     3ch  "' '"''  "'" 

as  their  own  merchants  and  merchant  ships,  and  on  the  othe  hid  tl'"'  T  '''''"' 
merchant  ships  of  the  United  States,  shall  eniov  in  all  nuT  J  ■  ""^'••'''»"<''  and 
Majesty,  the  same  protection  and  cLmercTp'r    i      ^  T^^^  *"  '^^  «"•'-"- 

charges  and  duties  of  British  merchants  and  me    h' nt'   1  L  ^ '"  *'^  "'"^ 

chartered  trading  companies  of  Great  Britain  suchevn..     '   '  '^  "'"''^^  ^°  ^he 

respective  posts  and  establish.nents,  ^  n^ZXl  u  L  I"  "in  '"'  '"'^' '"""  ^'^-•'• 
of  the  more  favoured  nations  partici^  "a  ''  "'        "^  ^'"''"  ^'•"«'"'  "or  any 

It  is  impossible  not  at  once  to  perceive  that  thr  «v„,«  • 
"principles  of  liberal  equity  and  Lip  ocitv  "  all  ^  ""f '"'''  '" ''^'^  P'-««'"''le, 
eluded,"  so  tHat  .<a  ben'eficfal  and^X  fy'  i::^:oZZt''T"''  "'""^  "" 
maybe  established,"  applied  in  the  most  direct,  if^  exc  LsteT  ^"''r""'^'- 
of  the  aforesaid  4th  Article,  which  nrovide  f^r  ,'' ^^''"*'7,'"«nner,  to  the  clauses 
intercourse  between  the  two  eountrL  ^"'"■"'"''  '"^••''''  «"'''  ''^neficial 

•'The  reason  given  for  dropping  tl  arltV  latL  : t'  '"^  "'"'  °"""'°"'  ^^^'^^ 
statutes  were  in  the  way,  wh  eh  must  be  rlT.  ^  '°'"""^'''=^'  ""•«»  that  sop,,- 
be  well  formed,  and  that  this  w  1 T  „  tter  X  co„  L       •"  ""^  '''  ''"'  """  '^""''^ 

There  being  still  an  expectation^  a    a^  eeZ^^^r  H  ^'^ 

the  Preamble  was  sufl-ered  to' remain  in  the  pSrar;  A^  1^/ 1 :"  T'""'''''^ 
long  negofation,  which  took  place  duringthe  courseof  the  '  r  ns^/  T'  f  """  " 
of  which  may  be  seen  in  Dr.  Franklin'sCorrespondcnco  M  itiVf  ',  f  "'^  '^'^'•^"^ 
no  longer  any  hope  of  establishing,  as  had  been  at  lirst  .ui  .    .  '".    "'"'  '^''''  ''-''' 

intercourse  between  the  two  countries  aTtllt  1 '''"'"'='''' ''°'"'"'^'-'=-' 

insei-tc'  in  the  treaty  to  that  effect  trpll  !  Tl^"^^''  ""  ''™^''''°"  ''""''»  ''« 
was  considerably  modi.ied,  ott-.  L'  r^ti^  :Tr:  'T''''  ''  ''''  ""j-'' 
preserving  only  the  most  general  express  ons  "^  '''  """"'  P'''"'"''  »"d 


?! 


(A)  It  cannot  even  be  a«scrte<l.  that  the  fact  of  tJie  due  North  1,„„  •       . 

..dvcrtca  .0  in  the  ne^U^tions.  «„ee  .he.  i,  „.,  ac..  „t  elj  r/rT'         '""^  "•  '"'""•  ""  •"" 
'hat  rcpcc,  ,ub«.q„cnt  to  tl.c  rejection  of  tl.c  fir».  priljct  """"'"'  *'^"'  *°°''  P'"''"-  ^ 

C"^^)  Wnltcn  Kvidence,  No.  9.  (a^ 
'<l)  nr.  Franklin',  ,1d  vol.  page  -85.  ,,"',,  • , 

'    '■  W  l''i'i.  pages  .J,'I— 371. 


All  claims  to  the  territorial  rights  of  the  United  States,  and  of  every  part  thereof 
havmg  been  relinquished  by  his  Britannic  Majesty,  in  the  Hrst  ArticL  Thf  T  ' 
continuation,  is  thus  expressed   viz-  "««,/  th  J        T  .  '"''°"''' '" 

t»iMlngb,.,    .n.l<»d  of  being  ,pc,i.||,.„dp„„i^|j^^,,^_ 

Tbo  sener.l  a>>erlio„,  re.peoling  the  inteotion.  of  the  fr.mer,  of  the  Treat,  i,  no. 

irr:::''bvT:°''' '"' " "  ""■""""  '^  "y  •"  ■™«-  '^n™-  r 

negouaiors,  and  by  the  various  provisions  of  the  treaty. 

It  has  been  conclusively  sliewn,.  in  the  First  Ampr,no„  c*  . 
was  practicable,  and  clearly  with  respect  to  trep^rrn^f'hrb'T     "^^ 
.ion,  the  boundanes  were  declared  and  desilnard  brth!  t      ^      '  ""'"  '"'="" 
principle    or  arbitrary  gro.ds,  nor  wiiTtw  \l  t::::S'ZZZtn: 

treaty  and  in  those  acts^salon   a  Lusivep^^^^^^^^^^^^  "^^'^  '"  ^'^ 

to  each  Power  the  entire  possession  of  those  rherswhchL^J^^^  "T  "^'«" 

their  territories  .-espectivciy.  '  '""'  ^^^"^  """"^^  ^^i^""' 

This  presumed  intention  is  equally  disorovp.l  I,v  .i,„   i    •  •      r 
no.  adhered  to  „Uh  re.peet  t.  ae/o.her'^patT  thi  bLX"""'        '         "  '"' 

Cba.pb.io,  and  ^Ll  oL/wlX    11  oTl  r'      'J'T''  "~'  '-"''° 
ins  wiUiin  the  United  Stale-    th.  „™.T     ,   ''"'"'^"'"  ^    Lawrence,   leav 

dominion.  Of  0     .  BH.trlr.n^dTXTltf  3"!^""°  '"' 

se»tb::;etfS:r rsrr^::'.----"','  •'--"  -  - 

R.gi.,  ...Jall,l,eHL,"itho„te«e.."n   ,^ t„     7  "■  '""•"™''  "'■""'  ^t 
Ibe  great  lalce,,  or  int.  that  river  ,T„  "  '"^  ""  """I'-  "">"  '-•« 

-  ^a  or  t,,at  in,n.e„„  <x:^-:2:^!;z  Z:!^:!:^'  -"  --  '"■" 
..vo  p.w:^;r3.7:;,i;i7rbVn;r'r "'  -'  "■  -  •"'''^»-  "■— "■« 

aroaKribed,  by  Great  U  i,i7to  b  ,      ^t       f  '"'"  °'  ""'  •"™  «'>".  "ki^l' 

St.  ,.,„„  ap'p,/,  With  e"r ,,'; :::  tfce  ;:z^  T,"  '•'  *'" ""  ''■™ 

e».en.i.e  „„„n.,ie,  .iiLd  on  it,  ta  e  a    ,         T  "™°"''  "■"'  "  "'" 

ivalu..      And,  on  the  |nineiple  ,he  aswmes. 


(/)  Viic:  The  Charter  of  Massachii«ct».'n»„   .K     «       ■ 


Miantic  Ocfan 


8 

^K.vo™in..™.c..,,     might   With  equal  consistency,  justice,  an.l  ndherence  to  the  terms  of  the  treatv 
cla.m  all  the  territory,  on  the  South  of  the  River  St.  Lawrence   nn.i  of  iV         .' 
reservoirs,  .Jiehhelongs  to  the  Unite..  States,  as  she  no:  Z'       '  ^/p    V.  ^ 
he  has.n  of  the  R.ver  St.  John,  which  lies  West  of  the  line  drawn  due  Nor  h   Im 
the  source  of  the  River  St.  Croix. 

On  the  other  hand,  as  it  will  be  conclusively  established  in  the  course  of  this  in- 
qu.O',  that  the  .q,per  basin  of  the  St.  John  is,   by  the   express  terms  of  the       I  3 
w.th.n    he  boundaries  of  the  United  States;  in  what  respect,  on  the  principle   he    s! 

ZnV^lT"\^T  "'■''^'"  ''  "'"*   •"^'■'"^^   "^"^   '-""e'.    than   tlat  "f 
the  United  States  to  the  lower  basin,  and  to  the  mouth  of  that  River-  that  is  to  sav 
the  most  valuable  part  of  the  Province  of  New-Bnmswick'  ^' 

tend/:  tzrrrrs;;  ^r:^:::rr^r^"^ 

greatRiversMobileandAppalachicL,andm;mZ^^^^^ 

ing  the  mouths  of  all  those  rivers,  together  with  a  narrow  sh"  7  .'  ''■""■ 
without  the  Boundaries  of  the  Uiiited  States;  ^^i  st  th  hde  of  th^u  ""  '°"*' 
than  nine-tenths  of  the  country  watered  by  hose  rtlr  nd  ho L  l  ?"'  "■"°" 
is,  by  the  treaty,  declared  to  be  within  their  dominionT  '  '''''"''' 

The  Rivers  St  Croix  and  St.  Mary,  from  their  mouths  to  their  sources-  the  Riv.. 
Connecticut,  from  its  source  to  the  45th  degreeofNorth  latitude-  the  mS  r 

the  latitude  of  the  Lake  of  the  Woods  to  That  of  the  31st  p    1     tl^  7     '"'       " 
nication  between  Lake  Superior  and  that  of  the  Woo  s  C  Lak   ^ 
rom  its  North-western  extremity  to  the  Mississippi,  and'filVt  \  u  "^  1  ^ 
from  the  source  of  the  River  St  Croiv  tn  thn  h;  ,1 11  ,  "'^ 

II,.  bou„.lari».  ,.re.„iJ  br,hc .,«;  "      '    '  ""■"""  ""■  "=•""■'"" '"' 

The  Uniad  States  contend,  that,  thmugh  its  whole  extent  between  those  two 
And  when  Great  BriUun  insists,  that  the  intention  of  the  negotiators  was  to  di 

r;:^:,r:i::;3ri^h::rr^^^^^ 

^eextra^dina^  in.rence,  that  the  on,;;:r ;;;';:;  2. Il^a^^  ^UZ::::!:;^ 
.iosignated  by  the  treaty  as  dividing,  is  precisely  that  which  wa.    nte  ,  t    ,  J     «  ^ 

.heB::ii^;::t::s:r:::-^^^^^^ 

..on  .0  the  suggested  intention.      It  was  known  to  the  tVamers  oH  ;^':;  ^wmt' 

i.ear  by  Mitcheirs  Map,  that  th-  due  North  line  must  neces.rily  c  J't.'.e  W     ;  " 

n  nitary  streams  ot  that  river.      The  line  does  accordingly  cross'some  of  Us^^e" 

v.thm  two  miles  of  the  source  of  the  S,.  Croix,   and  before  i,  reaelu-s  Afars'  I    Hi 

less  than  three  of  those  tributary  streams,  viz:  Hull's  n.-aneh,  ,h.  Rive.-  M.Juxncker 

and  the  Presqu-isle  River.     The  country  01.  the  West  and  along  thii-.v^^     :,:!;• 

he  due  North  Ime,  watore.l  by  those  three  rivers,  i.  acknowl..,lg:.d  by  brc-t,  Ij"  '     to 

he  witiun  the  territories  of  the  United  States,  although  the  nu.uS.  of  Vaat  river  swt^ 

in  iier  dominion.s.  " 

Geographical  practice  is  .I.-clared,  in  the  IJri.ish  Statement,  not  ,0  be  the  prinoi.ni 
Sround  on  which  Great  Britain  re.ts  her  distinction,  between  the  May  of  Funlly, "L 


d»w„  from  oUcr  ™r<».   m.v  h.™  1  .k        '^  ^''''  ^  «»™i'le'«lion. 

ieu,  .he  li.,  „r  k™.,,  .„at",f  of  slI^Ll^r"'    ""*■  "'^  "  "• '-  ■"- 

.v,irofTrr.tr:t:'::::^r::irsr"T''r''^'-' 

sioiw,  including  all  inlets   bivs  an.!  «.lf         T  ''"'^"""°"«5  "O"-  'hat  those  subtlivi. 

*n,e,,, ,...,  .Lai.;ro'  X  I'^l'^.tr.  »r t  """"^ "  -r '- 

must  be  understood  to  embrace  the  si.h„r,iin  ♦       u .      ?  "'  '^''^"  "^'^  "'one, 

sion  may  rc(i.iire.  ^''  '""'  propriety  as  the  occa- 

No  one  can  doubt  that,  when  thpftiiif/,fi?-  i     j 
ortheChesapeak,  ar.  sp^:i^^lylTal'^^^^^^  «ay. 

considering  them,  for  the  time,  apart  and  asZ,^T\  J  ^'  '"'P'^^  P"'-P°««  "^ 
Mediterranean,  and  the  Atlanti  :  Tor  It  whertt  t  r""'  '"'"  ^^  "»"'^'  ^« 
cision  the  situation  of  St.  Petersburg  VenZ  A  ^  f  "^  "  '"  '''"'^"''^  ^'^"^  P*^" 
lar  inlet,  gulf  or  bay,  on  whi  hthl^cS  '  ^^  Z^^l'  "  ^^'"""""  '"«  P^-^-' 
be  specified.  ^'  "^  respectively  situated,  must  necessarily 

But  this  use  of  specific  names  does  not  at  all  nrPr.nf  »i. 
meaning  of  the  generic  terms,  when  then,  is  of  .r  u  "'"' "'"  '^'"'"•"■"  th« 
;.eroha„t,  when  speaking  of  the  Medi^rTnl  roTthrn  r*  ''""'^  '  """^''^ 
braces  that  to  Venice  in  the  first  instance,  and  It  to  Sp.  I'  """''  '''""^^  '^'"- 
And  thus,  a  voyage  from  an  European  J,rt  whe  ^  ^^^•/.^'^"•'"••g  in  the  second. 
New-Vork,  is  always,  and  with  eq^prrp ir^d  a  v       "'"°"''  '"  ^"^'^^'  ^  '^ 

The  Instances  given  in  the  13'th  page  onhfeSS^^ 
vant:  nor  is  it  perceived  for  what  o'bjct  mt!l^S  m^Z   r'  "''"'""'  '"•^''=- 
rcference  to  those  general  and  specific  design  tio„/C  '''''"'"'  *"'  '" 

American  coast,  two  inlets  of  the  sea,  known  bv  Z  ?  '"'''  ""^'"'^  °"  '^e 

"Gulf  of  St.  Law..nce;"  and  MitcheH's  M "  V  coZ"  T'  °'  ^""•^"  -" 
proves,  in  that  respect,  nothing  more-  unlets  LwhTu/"'''  '''"y  """er  map, 
rnuch  larger  and  more  conspictous  IraterVof  l^^^^  ;"^r''  ^"'  ^'^'^ 
object  to  represent  it  as  a  whole,  of  which  the  s  fd  Zjlf  7  '''""'  '""'  '"'"• 
parts.  '"  «"'«  "ay  and  gulf  were  subordinate 

When  the  generic  term  "Atlantic  Ocean  "  an,l  ♦»,„    ••  .• 
.nets,  are  used  in  the  same  sentence,  either  a^Jniternt,  "'"""  •""  ''"*'  °'"  ■•^•' 

ed  irom  each  other,  the  tern.  ..mJin"  iTe  p"!'  l'?"^,'  °^  »!  -"'-'i^tinguish- 
.mphed;  the  signification  of  the  general  term  irttr.h  ""'  "'^^'-^i^"  or 

understood  as  to  exclude  U.e  iale't  Uius  i    Un  tlv  7  ''  "T"'"''  ""'  '^  '""•^^  '^  - 
pre.^..  several  instances  are  gi.en  in  theS  ^l^irnl'-     ""'  '"'  ""^^  ^'  - 

■neans,  that  some  of  U.ose  r.-ers  had  their  noth'LT'"  """•     ^'''  '"'P^-'- 
and  the  word  main,  prefixc-'  .    .-«««    1^."  ^  ''''  ""  ''''=  "'''>•  «'"  ^ "•«'>'; 

part  of  the  ocean.  ''  "'""^'^  P'""^'^"''  that  he  considered  that  bay  is 


AilMtie 


10 

In  the  description  of  the  boundary  of  EwtFloridn,  as  defined  by  tlie Proclamation 
of  17fl3,  the  signification  of  the  term  "Atlantic  Ocean"  is,  in  the  same  manner,  re- 
strained, so  as  to  exclude  the  Gulf  of  Mexico,  and  what  is  there  called  the  Gulf  of 
Florida;  the  word  main,  though  not  expressed  as  in  the  preceding  case,  being  never- 
theless necessarily  implied. 

There  is,  in  this  instance,  a  superfluous  uto  of  specific  appellations.  After  having 
ilefineil  the  land  boundary,  the  residue  would  have  been  as  explicitly  and  more  cor- 
rectly described,  by  8inii)!y  saying,  that  the  province  was  boundeti  on  all  other  sides 
by  the  sea. 

A  striking  instance  of  inaccuracy,  arising  from  the  same  cause,  is  to  be  found  in 
the  article  of  a  plan  of  a  treaty  with  France,  also  quoted  in  the  British  Statement,  in 
the  following  words:  viz.. 

"  i'hc  Most  Christian  King  shall  never  invade 

nor  possess  himself  of  Labrador,  New  Britain,  Nova  Scotia,  Acadia,  Canada,  Florida, 
nor  any  of  the  countries,  cities,  or  towns  on  the  continent  of  North  America;  nor  of 
the  islands  of  Newfoundland,  Capo  Breton,  St  John's,  Anticosti,  nor  of  any  other 
island  lying  near  to  the  said  continent,  in  the  seas,  or  in  any  gulf,  bay,  or  river." 

If,  on  account  of  the  disjunctive,  or,  it  may  be  inferred,  that  gulfs  and  bays  are 
altogether  distinct  from,  and  not  embraced  by  the  general  word  seas,  (g)  it  may  equal- 
ly be  concluded  from  the  word  nor,  in  the  first  member  of  tlie  sentence,  that  Nova 
Scotia,  Canada,  Florida,  ac.  are  not  countries  on  the  continent  of  North  America. 
Notwithstanding  such  inaccuracy,  this  and  similar  sentences  must  be  construed  as  they 
were  clearly  intended^  and  the  word  seas,  as  meaning  the  "high  seas,"  and  in  that 
particular  sentence,  excluding  any  inlet,  gulf,  or  bay  of  the  seas. 

In  that  clause  of  the  treaty,  however,  which  is  at  this  moment  alone  under  consi^ 
deration,  tlie  term  <<  Atlantic  Ocean"  is  not  contradistinguished  from,  or  united  with 
either  of  tliosc,  "Bayof  Fundy"  or  "Gulf  of  St.  Lawrence."  It  must  necessarily,  iii 
its  usual  acceptation,  and  as  the  generic  term,  be  understood  there  aa  including  both 
those  inleU,  unless  it  can  be  shewn  that,  as  is  true  with  respect  to  some  of  its  other 
g(!ographical  subdivisions,  the  term  "Atlantic  Ocean,"  when  used  alone,  has  been 
usually  understood  as  excluding  those  two  inlets. 

Geographers  have  usually  divided  the  whole  of  thfe  seas  into  five  great  subdivisions: 
the  Atlantic,  the  Pacific,  the  Indian,  the  Arctic,  and  the  Antarctic  Oceans;  and  when 
either  of  these  are  contrasted  with  each  other,  those  groat  generic  distinctions  are  ad- 
mitted and  proper.  But  Uie  acceptation  of  terms,  as  generally  used  in  common  laii- 
guage>  is  the  only  proper  guide  in  the  intcri)reUtion  of  treaties;  and  there  are  several 
European  seas,  which,  though  embraced  by  the  geograjihical  definition,  are  commonly 
considered  as  not  included  within  tlie  term  "  Atlantic  Ocean." 

The  Mediterranean  and  Black  Seas  were  the  first  known  to  the  ancient  civilized 
nations;  they  were  therefore  the  first  which  received  special  appeilation.s:  and  that  of 
Mediterranean  has  been  used  from  the  earliest  times  to  distinguish  the  sea  still 
known  by  tliat  name,  from  the  sea  without  the  straits,  at  first  called  Ocean,  and  now 
Atlantic  Ocean.  By  a  parity  of  reasoning,  the  Baltic,  being  a  close  sea,  was  from  its 
first  discovery  considered  under  that  name,  as  distinct  from  the  ocean. 

And  although,  us  has  already  been  shewn,  (A)  Uic  Irish  Channel  and  the  North  Sea 
are  held,  in  correct  geographical  language,  to  be  included  in  the  general  term  "At- 
lantic Ocean,"  it  is  also  true  that  the  term  "  North  Seas"  is  commonly  used  as  com- 
prehending both  the  Baltic  and  the  Nortli  or  German  Sea;  and  tliat  the  term  "Chan- 


{g)  The  woftl  seas  is  in  tliis  inst:»nce  takpfi  in  tlie  Ilritisli  Statement  'm  sviiOnvmous,  as  it  really  Is, 
the  .Ulantic  Ocean. 

(A)   WiiUcn  Eviden.:!',  \o.  fi. 


n 

nel"  has  also  I«3en  used  as  inclu.ling  both  the  "Manche"  or  British  and  the  Irish  >»'!«...  o«.. 
Channel. 

Long  .Mage  has  consecrated  thoac  exprewionB;  and  it  will  therefore  be  admitted 
that  although  geographers,  in  their  great  divisions  of  the  Ocean,  consider  those  several 
seas  as  part,  of  the  Atlantic  Ocean,  they  are  generally,  in  common  language,  taken  a., 
d.stmct;  so  as  to  render  it  doubtful  whether  the  term  "Atlantic  Ocean,"  used  by 
Itself  in  a  public  document,  could  be  properly  understood  to  include  those  inland  sea/ 
But  It  may  be  confidently  asserted,  that  in  common  language,  as  well  as  in  ib,  Reo- 
graphical  acceptation,  the  term  "Atlantic  Ocean,"  when  used  alone,  and  its  meaninc 
IS  not  rcstraine,!  by  some  other  expressions,  has  ever  l>een  held  to  embrace  all  the 
inlets,  bays,  and  gulfs  of  the  American  coast;  or,  that  if  there  has  ever  been  any  ex- 
ception, it  is  solely  that  of  the  Gulf  of  Mexico. 

Thus  Governor  Pownall,  when  speaking  generally  of  the  Atlantic  Ocean,  considers 
It  as  embracing  even  the  Gulf  of.  Mexico.  "We  know  from  observation  how  much 
higher  the  Atlantic  Ocean  is  than  the  Pacific;  and  how  it  is  piled  ««  against  the 
American  coast  on  the  mstern  shore  of  the  Gvlf  of  Mexico,  driven  thither  by  the 
trade  winds,"  &?.  ^ 

Mr  Bouchette,  Surveyor  General  of  Lower  Canada,  in  his  topographical  descrip- 
tion  of  that  province,  (i)  speaks  of  "the  vast  collections  of  fresh  waters  forming  the 
Cham  of  lakes,  that,  through  the  channel  of  the  St.  Lawrence,  descend  like  another 
sea,  to  swell  the  bosom  of  the  Atlantic."    And  again,  "the  River  St.  Lawrence 

' .    '     ' ,   ^  ,  '     *  ,  ■ receives  nearly  all  the 

rivers  that  have  their  sources  ,n  the  extensive  range  of  mountains  to  the  northwards 
called  the  Land's  Height,  that  separates  the  waters  falling  into  Hudson's  Bay  still 
further  to  the  north,  from  those  that  descend  into  the  Atlantic  " 

In  this  last  instance,  the  term  "Atlantic"  embraces  both  the  River  and  Gulf  of 
St   Lawn^nce.     In  the  first,  as  the  channel  of  the  St.  Lawrence  can  mean  nothin, 
but  the  River  St.  Lawrence,  which  empties  itself  into  the  gulf  of  the  same  name 
that  gulf  is  there  again  identified  with  the  Atlantic.  ' 

In  another  place  he  says,  "  Beyond  this  range,  at  about  fifty  miles  distance,  is  the 
rulge  generally  denominated  the  Land's  Height,  dividing  the  waters  that  fall  fntT  2 
St.  Lawrence  from  those  taking  a  direction  towards  the  Atlantic  Ocean 
This  chain  commences  upon  the  eastern  branch  of  the  Connecticut  "river'  takes  a 
north-easterly  course,  an.l  terminates  near  Cape  Rosier,  in  the  Gulf  of  St.  Lawrence  " 
As  the  ridge  thrrc  described  commences  on  Connecticut  River  and  terminates  at  Cane 
Rosier,  the  waters  divided  by  that  ridge  from  those  that  fall  into  the  River  St  Law 
rcnce,  embrace  the  rivers  that  empty  themselves  both  into  the  Hay  of  Fundv  „nH 
into  the  Gulf  of  St.  Lawrence.  ^  """"y  ""'^ 

It  is  declared,  in  the  Proclamation  of  1763,  to  be  the  royal  will  thit  nn  r^„ 
Of  the  colonies  of  Quebec,  East  Florida  or  West  FloHdashou^l  p^^L^^^^^^^^ 
beyond  the  bounds  of  their  respective  governments;  "as  also  that  nooLrnoror 
Commander  m  Chief  of  our  other  colonies  or  plantations  in  America,  do  presume  for 
the  present,  and  until  our  further  pleasure  be  known,  to  grant  any  warrant  of  su;vey 
or  pass  patents,  for  any  lands  beyond  the  head  or  .sources  of  any  of  ,he  rivers tT 
fall  into  the  Atlantic  Ocean  from  the  west  or  north-west  "  ''' 

Tho.se  other  colonies,  lying  between  those  of  Quebec  and  East  Florida,  extended 
along  that  line  of  demarcation  beyond  which  it  was  forbidden  to  grant  lands   from  the 
north-easternmost  sources  of  the  River  Susquehanna  which  lie  torth  of  1  4.     , 
gree,  to  those  of  the  Altamaha  River  in  33  degrees  of  north  laUtude  ' 

The  .space  occupied  along  that  line  by  the  sources  of  the  Susquehanna,  Potomac, 


(0  Written  Evidcncr,  No.  4,1. 


IS 


Ailuik  Oena 


James  River  and  Roanoke,  and  of  their  tributary  stream,,  h  more  thav.  one  half  of  th^ 
whole  extent  of  the  line.  An.l  of  li,o.se  four  rivers,  thn  three  lir.st  nan.ed  empty  them- 
selves mto  the  Atlantic  Oeean,  through  U.e  hay  of  Chesapeake;  and  the  Kounok., 
through  an  inland  bay,  known  by  the  name  of  Albemarle  Sound,  which  has  no  com' 
mumcation  with  the  sea,  but  through  three  narrow  and  shallow  parses.  It  cannot 
therefore  be  doubted  that  in  this  instance,  by  rivers  which  fall  into  the  Atlantic  0- 
cean,  those  are  meant  which  fall  into  its  bays  or  inlets,  aa  well  as  those  wliich  fall  di- 
rectly  into  the  main  ocean. 

The  following  provision  is  found  in  U.e  preliminary  arUcIes  between  France  and 
Great  Britain,  of  the  20th  January  1783,  and  was  acceded  to  by  the  United  States-  (A-) 

"That  such  vessels  and  effects  as  should  be  taken  in  the  channel  and  in  the  north 
seas,  after  U.e  space  of  twelve  days,  to  be  computed  from  the  raUficaUon  of  Uie  said 
preliminary  articles,  should  be  restored  on  all  sides.  That  the  term  should  be  one 
month  from  the  channel  and  the  north  seas,  as  far  as  the  Canary  Islands  inclusivelv 
whether  in  the  Ocean  or  ia  the  Mediterranean;  two  months  from  the  said  Canary  Iv 
lands  as  ar  as  the  Equinoctial  line  or  Equator;  and  lastly,  five  months  in  all  other 
parts  of  Uie  world,  without  any  exception,  or  any  other  mor«  parUcular  descripUon  oi 

_  In  this  instance  the  term  <<  North  Seas"  must  have  been  understood  to  include  th. 
Baltic  but,  a.  a  d.sUnct  term  for  the  limitation  of  captures  was  assigned  to  the  ehan- 
ne  and  Uie  north  seas,  it  was  necessary  to  disUnguish  both  by  their  special  names- 
and  no  inference  can  thence  be  drawn,  whether  Uiey  were,  or  were  not,  understorto 
be  distinct  seas  from  Uie  AUantic  Ocean.  "crsuiou  to 

As  Uie  same  t«rm  is  assigned  for  U,e  Ocean  and  Uie  Mediterranean,,  their  being  dis- 
tmctly  specihed  by  Uieir  respecUve  names  proves,  U,at  they  are  U,ere  consiZd  as 
disunct  seas  liut  Uie  term  "Ocean,"  which,  in  reference  to  the  coast  of  AmerTcrcan 
only  mean  Uie  Atlantic  Ocean,  is  the..  „.ade  to  comprehend  all  it.  oUitTrnZ  am, 
bays.  wiUiout  even  excepting  U.e  GuK  of  Mexico;  since  it  was  not  deemed  nee" 
to  enumerate  any  of  Uicm  specially.  "t-t-tssary 

Similar  terms  of  limitaUon  had  in  U.enegotiaUons  at  Client  been,  in  U.e  first  in 
sUnce.  proposed  by  U,e  American,  and  in  substance  agreed  to  by  U.e  British  Plen  .^ 

Sr;  !2, '  ° ''-'' '''  ^"•^''^""  ^^^"^^^"  ^-^-'  -^--^^  "oZ; 

"The  term  to  be  fifteen  days  in  the  channel,  in  the  norU.  seas,  in  all  parts  of  the 
AUanUc  Ocean  to  U.e  equinoctial  line  or  equator,  and  in  all  parts  of  U,e  MedUerrane 
an  Two  months  in  U.e  AUantic  Ocean,  to  U.e  laUtude  of'u.e  Cape  of  GoodlW 
and  Uu-ee  monUis  in  all  oUier  parts  of  the  world, "  '   ' 

In  this,  as  in  the  .ormer  instance,  Uie  words  "  AUantic  Ocean"  cleaily  embrace  all 
.IS  American  .nlets  and  bays,  wiU.out  excepting  the  Gulf  of  Mexico.  In  J.e^er  tion 
proposed  to  this  hy  Uie  BriUsh  PlenipotenUaries.  and  which  will  be  al,|y!ed  „ 
a  subsequent  part  of  this  Statement,  the  term  "  AtlanUc  Ocean"  embraces  U.e  gIL" 
WesaX"  '"  •^'^^"«"'^'>«'»  '■-'»  "^-  Gulf  of  Mexico  and  all   parts  of  Ua' 

The  provisions  finally  adopted  in  U.e  treaty  of  Ghent  U.row  no  furU.er  light  on 
«he  subject,  on  account  of  the  terms  in  which  they  are  expressed. 

A  still  more  conclusive  argument  wasoffered  in  U.e  First  American  Statement  which 
has  been  anticipated  in  that  of  Great  Britain.  It  is  in  order  to  weaken  itsTorctutu 
atthesame  Ume  that  it  is  suggested  in  U.e  BriUsh  Sutement.  that  all  bays  Td'  g^ft 


(*)  Wp  (Mil  Evidence,  N(i.  9  (  j) 
(/)  Wn  :  (1  Kviil.  nci-,  No.  46. 
("0  Written  F.Tidence,  No.  46, 


19 

must  te  taken  as  so  diMinct  from  the  «,a,  and  ocean,,  with  which  they  arc  re.pcctrve-  au.,..ic  o...„. 
^connected,  a.s  to  convert  the  generic  term  "Atlantic  Ocean"  into  a  mere  .nerific 
designation,  embracing  neither  of  the  inlets,  bays,  nor  gulfs  connected  -vith  if   m  ex 
»ept.on  .s  attempted  to  be  made,  with  respect  to  what  is  called  another  class  ^f  bay/ 
These  are  stated  to  be  "merely  the  expansions  of  the  mouths  of  .ivers,  of  which  thev 

tt:""''     ""'  '°  •"  "  "«"'"'  '"  "°  "^"^^  "«"'  '"»"  -  P-'--  »'■  ^ho  riv.?s 
As  the  Sagadahoc  Hay  and  the  Penobscot  Day,  th«,ugh  which  the  rivers  Kenne 
hec  and  Penobscot  empty  themselves  into  the  Atlantic,  are  specified  by  their  n  me     , 
M.tchell's  Map   .t  was  felt  that,  unless  such  an  exception  coul.l  be  made,  th.  cm  cl 
s.on  was  unavoalable,  that,  if  the  Day  of  Fun.ly  and  the  Gulf  of  St.  Law    nc    Z     J 
considered  as  disUnct  from  the  Atlantic  Ocean  for  all  the  purposes  of  tlXa  7  h  ' 
wa.^  no  nver  which  could,  under  that  instrument,  ,.  co'nsiLed  as  falirng  L  tt 

But  there  is  no  foundation  for  the  distincUon.     The  names  of  "  bay"  and  "  .rulf" 
have  been  md.scriminately  given  every  where  to  inlets  differing  as  much  in  cha^a  Icr 
as  m  size      The  appellation  of  gulf  is  equally  given  to  that  of  LyonJ „     VJ' ^t  ^f 
Finland,  though  of  an  entirely  different  character:  of  two  inlets  of  t^r.         I 
one  is  called  Hudson's  ^./y,  and  the  other   clVof  ^  I  ."'„    "™"'"'' 

tionof  the  River  St  LawreL  which  e:t^  s tr  m  the  Itt Zf  ^h^ sT'  ""  Tr 
Hosiers,  might  have  been  ..istinguished  by  the  .pXZorl^Z^^^^^^^^ 
propriety,  as  what  is  called  "Hay  of  Delaware.  '  \he  nan  e  of  !^B  j:'':  i„Tct 
been  given  to  inlets  of  every  size  and  description.     In  Mitchell's  Ma7v,  1 

are  designated,  (Casco  Bay,  Well's  Bay,  J.)  smaller  th  n  that  of  P  '""'  ^* 
which  do  not  bear  the  name  of  any  rivers'  emptying  il  them  '  ""' 

doe«  no?""'  ''"'  "7  \""'""°"  ^"^  "''  ''''"'''  "^■^'•^'°"'  that  the  term  "  Atlantic  Ocean" 
does  not  in  general  embrace  the  Bays  and  Gulfs  connected  with  that  Ocean  it  would 
rest  solely  on  the  fact,  that  .such  Gulfs  a«d  Bays  are  known  hv  .    ,    "^''"'  '^  ''""''' 

the  Gulf  of  St  Lawrence      If  those  Bays  which  are  described  in  the  Britrh  sL 
mcnt,  as  the  expansions  of  the  mouths  of  rivers,  can  be  regarded  in  no  other  IK.  h 
as  portions  of  U.e  rivers  themselves,  those  Bays  also,  which,    ke  that    f  F  m 
^b.^  contractions  of  the  Ocean,  must  necessarily  be  reg«rd;d  on,;":  ^LLt',:;: 

Croix  falls  into   the  Bay 'of  Passan:;:^    ChJ 'T"^^ 
ments,  held,  not  as  an  expansion  of  the  River  St   CroTx    hut  Z  ^  ?°''"'"" 

of  Fundy.  („)    Both  bays  are  formed  by  a  num^.er  :n:ia  l::';;;^:'!^^^^^^^ 
the  Delaware  may  be  considered,  a  continuation  of  the  rivers  which  f  1 1'. 

It  cannot,  at  all  events,  be  denied,  that  Long  Island  Sound  tT^;'       ":/"'"• 
t.cut  River  emptiesitself  into  the  Atlantic  Oeefn,  is  a  large     n  7  of  the  t .."""; 
as  distinct  and  marked  character  as  the  Bay  of  Fmuly  •  nmhit  tl  o  R         r  "'  °^ 

is,  as  much  as  the  Penobscot  and  the  Kennebec    onL  of  tt  .  7""  ^r"'"'"'" 

treaty  as  ta.liiig  i„to  the  Atlantic  Ocean,  wh^t^LTb     .      ,  Zm  ^w!:'  'Vlr 
.ng  into  the  St  Lawrence;  since  the  boundary  line  extends  11^        i^T^^ 
lands,  as  far  as  the  North-we.sternmost  source  of  that  rter  '  "'''"^'  "'«'■ 

The  argument  remains  unshaken,  that,  (with  the  exception  of  such  Bav  „r  r   ir 
may  be  excepted  by  virtue  of  some  other  provision  of  ,h    trel.v     if  the  r"  .  '•  T 

Minto  the  Atlantic  Ocean  through  a.g^ili  bay,  or  inlet,  i^w,;^;;  a  dilZ  r! 


(-0  Written  Eviacncc,  No.  1.  Treaty  of  Ghent,  Art.  4. 


14 

M..m.»o,„„.„c  not,  in  the  cl.uacs  of  the  treaty  in  which  Huch  rivm  are  mentioned,  to  he  held 
a.  "river,  fulling  into  the  Atluntin  Ocean,"  there  in  not  ,  single  river,  contc.nplate.J 
by  the  treaty  as  such,  to  which  the  closcription  uj.plion. 

Finally,  it  is  only  necessary  to  refer  to  the  cin.wr  of  the  treaty  of  1783,  now  undci 
oonsukrotion,  to  Im;  satisfied  that  its  meaning  admits  of  no  douht. 

Thcwordsare  :  "  The  Highlands  which  divide  those  rivers  that  empty  tliemselves 
into  the  River  St.  Lawrence,  from  those  which  fall  into  the  Atlantic  Ocean." 

Inthatsentcnco,notonly  the  AtlanticOceanisneitherunited  with  nordistinguished 
from  th..  Hay  of  Fundy  nor  the  Oulfof  St.  J^wrence,  hut  it  is  expi-e.s»ly  distinguished 
from  the  River  St.  Lawrence,  and  from  that  river  alone.  And  this  is  the  neremntorv 
reason,  why  the  "  rivers  that  fall  into  the  Atlantic  Ocean"  must,  in  that  clause,  be  ne- 
cessarily understoo<l  to  embrace  all  the  rivers  which  fall  into  any  of  the  inlets  of  that 
ocean,  with  the  sole  exception  of  those  which  empty  themselves  into  the  River  Si. 
Lawrence,  and  from  which  they  arc  to  be  divided. 


Hi)'  or  Fiindy 


§  3. 

OIMECTION  DERIVED   FROM  THE  DE8l(U<ATION  OP  THE  BAT  OF  PIWDY.  AH  niSTINCT 

FROM  THE  ATLANTIC  OCEAN. 

In  that  clause  of  the  treaty  which  has  heretofore  been  considered,  Uie  rivers  which 
fall  into  the  AtlanUc  Ocean  are  distinguished  only  from  those  which  empty  themselves 
into  the  River  St.  Lawrence.  But,  in  another  sentenceof  the  same  article,  and  in  re- 
ference to  another  part  of  the  boundary,  the  Bay  of  Fundy  is  twice  designated  by' 
its  specific  name,  and  once,  as  contradistinguished  from  the  Atlantic  Ocean.  It  ia 
thence  inferred,  in  the  British  Statement,  that  t>"se  terms,  "Bay  of  Fundy"  and 
"Atlantic  Ocean,"  "  being  taken  as  distinct  and  separate,  the  one  from  the  other,  in  one 
part,  (of  the  treaty,)  they  must  surely  be  equally  so  considered  in  every  other  part; 
for  it  would  be  contrary  to  all  reason  and  consistency,  to  assign  one  meaning  to  a  term 
in  one  clause,  and  a  different  moaning  to  the  same  term  in  another  clause  of  the  same 
instrument." 

This  sweeping  inference,  in  support  of  which  not  a  single  argument  or  authority 
has  been  adduced,  is  altogether  denied  by  the  Unitetl  States.  They  contend,  that  it 
would  l)e  equally  contrary  to  reason  and  common  usage,  to  assign  the  same  meaning 
to  a  term  in  one  clause,  which  it  may  have  in  another  clause  of  the  same  instrument, 
when  it  appears  from  the  general  tenor  of  the  two  clauses,  and  the  expressions  used  in 
each  respectively,  that  the  term,  in  one  is  restrained  by  those  expressions,  and  has, 
therefore,  a  narrower  signification;  whilst,  in  the  other,  it  is  used  in  a  more  general 
sense,  or  is  restrained  in  a  different  manner. 

In  one  of  the  clauses  of  the  treaty,  the  term  "Atlantic  Ocear."  is  contradistin- 
guished  from,  and  must,  in  construing  that  clause,  be  held  as  distinct  from  the  Bay  of 
Fundy.  In  another  clause  of  the  treaty,  the  same  term  is  contradistinguished  from 
the  River  St.  Lawrence  alone,  and  must,  accordingly,  in  construing  that  clause,  be  held 
as  distinct  from  that  river  alone,  and  nol  from  the  Iky  of  Fundy,  nor  from  any  of  the 
other  inlets,  which,  in  its  gcnerul  sense  and  common  accejUation,  are  part  of  the  At- 
lantic Ocean. 

This  is  perfectly  consistent  with  the  appropriate  rules  of  language,  by  which  every 
instrument  must  be  construed.  But  as  it  is  obvious  that  the  objection,  on  the  part  of 
Great  Britain,  rests  exclusively  on  the  inference  thus  attempted  to  be  drawn,  we  will 
now  proceed  to  establish  the  correctness  of  our  own  construction,  by  unexceptionable 
authorities,  taken  from  British  documents  immediately  connected  with  the  subject. 

1.  The  boundaries  of  thcGrant  to  Sir  H.  Roswell  and  others,  by  Charles  I.,  dated 
the  4th  day  of  .Miuch.  1  ii'iS,  and  commonly  called  "  the  Colont/  Charter,"  as  quoted 


Iff 

in  tho  Charter  of  the  Province  of  M«««,l.„.sotU-  May,  were  <lc«:ribc<l  in  the  follo^r-  -r^f  ru„.,. 
IRK  wonN,  vi/: 

<'  AIIU.«tMid  p.rtofNew-Engl.n,l,  in  America,  whirh  lie,  an,lcxtcnd«  between  . 
tfreBt  river  commonly  cnlled   Mon..ma...  alia.   Merimack  Kiver,  and  a  certain  other 
nver  there  called  Ch.rle,  River,  bring  in  the  bottom  qf  a  certain  bay,  there  com 
monlycM  Man,achuselts,  alia,  Mattachmett.,  alias  Masqat,  Jtts  Bay;  and 
alHO  all  and  .mKnh.r  tho«..  lands  and  hereditament,  what^erer,  lying  within  the  .pace 
of  three  Ln^l.^h  m.loH,  on  the  S„„ih  part  of  the,ai,l  river  called  Charle.n  River  or  ofunv 
or  every  part  thereof;  and  al,„,  all  and  lingular  the  landa  and  ln..rodiUn,enU  wha  J 
8ver  ly.oK  and  l,emK  w.thir.  tho  space  of  three  Kngli.h  mile,  to  the  Southward  of 
the  SmUherum^tpart  nf  the  said  bay  called  Masmchmetts,  alia,  MatUchuHettT 
«l.a,Ma,a.tuaettaHay;  and  al.o,  all  tho.,e  land,  and  herediUmenU  whatsoever,  wh     '. 
he  and  be  w.th.n  tho  .pace  of  throe  Engliah  n.ilea  ,o  the  Northward  of  U.o  said  H^ 
caledMonomack,  aha.  Merimack,  or  to  the  Northward  of  any  and  every  part  therTf 
.nd  .11  land,  and  hered.tamenla  whatsoever,  lying  within  the  limit,  aforCaid.  North 
and  South  .n  lat.  ude  an    breadth,  and  in  length  and  longitude,  of  and  within  all" 
breadth  afore«a,<l  throughout  the  main  land,  there,  from  the  Atlantic  or  Western  Sel 
and  Ocean  on  tlie  Last  jwrt,  to  tho  South  Sea  on  the  West  part  "  (o) 

The  Eastern  front  of  more  than  one  half  of  the  Grant  extended,  from  NortI,  U. 
South,  along  that  certam  bay,  commonly  called  Ma«,achu«,tt,'  Bay.  NeverUiolesn  th. 
depth,  or  length  and  longitude  of  the  Grant,  i,  de«,ribed  a,  being  «  of  and  w7t  .In  II 
U.  breadth  afore.id  t.^oughout  the  main  land,  there;  f.m  C^t:l,UU:tZ^ 
Sea  and  Ocian  on  the  East  ,,art,  to  the  South  Sea  on  the  fVest  part » 

The  term  "Atlantic  Ocean,"  which  had  not  been  u«.d  in  the  description  of  the 
Eastern  boundary  along  the  sea  coast,  i,  afterward,  used,  a,  embracin/.b.  H         r 
Ma««.hu.t...  though  this  had  in  another  sentence  been' des^gt      '  H    '       ,p:^i; 
name.     For  .f  that  bay  was  not,  in  the  last  sentence,  included  rtha.  In      T 
then,  would  have  been,  to  that  part  of  the  Grant  whi  h   Zu   n   h    1   „«  W  T' 
boundary  .«.igncd:  the  length  or  longitude  being  described  „  °"   ""^  ,'?''y' "°  ^^^^t*"' 

2.  It  has  been  statijd,  in  the  British  Statement,  tiiat,  "in  the  Grantof  \„v,S.  .• 
by  Jan.es  I.  to  Sir  William  Alexander,  the  Bay  of  Fu^.ly  and  the  G  If^^f  S  ' 

the  Kiver  St  Croix,  boUi  hardly  then  known  bv  M,„«  „  ,  ^    ^  "' 

entrance  of  tho  Bay  of  Fundy  *'"*'  °'  "'^ 


(0)  Written  hvij.iicc.  No.  ]J, 


96- 

"""'""^"  '^"'""' ^'''7'*-"°'^'"'-«P"Uof.ho  «.mo.hore.or  precincU;  ,„.!  from  .he 

ir;!:::;;;;' ""'  '"""'^'  "^""-  •'-  -'""'^  ^^'"""  ^-^ '-»-  °^  '^«  ••'- 

The  word  "Se«"  i,  there,  a>  well  a.  wherever  el«>  it  occur,  in  the  Or.n.,  u«,d  in  it. 
general  «nse  nnd  embrnce,  both  the  Hay  of  Fundy  and  the  Oulf  of  St.  Lawreneo. 
The  Grant  ol  Inlands  and  Sea.,,  whether  for  aix  le«gu..,,  from  the  We.t.  Nor.h  and 
South,  or  for  forty  from  the  South,  i.  expressed  in  the  «me  wor.l.  (^ar/*«.,,  omnia 
r»anar,     The  sens  thus  granted  and  deseriln:.!,  as  extendi,,^  from  the  North  and  Kast. 

from  the  South  are  the  main  Atlantic  Ocean.  The  emphatic  word,  ..from  .e.  to  wa'' 
Or)  man  ^t'I  mare)  most  clearly  mean  and  can  mean  nothing  but,  -  from  the  main  At- 
lantic and  Bay  of  Fundy  to  the  Hirer  anu  Gulf  of  St.  Lawrence." 

Thus  we  hare  a  direct  instance,  where,  the  Hoy  of  Fundy  and  the  Gulf  of  St.  Law- 
rence  bemg,  m  one  clause  of  the  Instrument,  specifically  described  and  distinguished 
by  their  respective  names,  the  general  term  .'Seas"  is  nererthelcs*  used  and  under- 
•toed,  in  other  clauses  of  the  same  Instrument,  as  embracing  the  said  Day  and  Oulf 

Theterm  "  Sea,"  is  uniformly  used,  in  the  Grant,  instead  of  that  of  Atlantic  Ocean 
It  will  not  be  denied  that  they  are,  a.  to  its  object,  perfectly  synonymous:  and  wo 
hnd  another  proof  of  this,  as  well  as  of  the  general  meaning  of  the  word,  used  in  th.- 
brant,  in  a  pubhcat.on  of  the  year  1624,  by  the  Grantee  himself.  Sir  VVm.  Alexandm  • 
where,,peaking  of  the  limits  of  his  Patent,  he  says,  .« leaving  the  limits  to  be  appoint-' 
ed  by  hi.  Majesty  s  pleasure,  which  arc  exprewed  in  the  patent,  granted  unto  me  un- 
•Icr  his  great  seal  of  his  Kingdom  of  Scotland,  (marching  upon  the  West  towards  the 
river  of  St.  Croix,  nov  Tweed,  where  the  Frenchmen  did  design  their  first  habitation  ) 
with  New  England;  and  on  all  other  parts,  it  w  comptmed  by  the  Ocean,  and  the 
Great  River  of  Canada."  (r) 

The  Grantee  seems  to  entertain  some  doubU,  as  to  the  cerUinty  of  the  limits  be- 
iwecn  New  England  and  his  Grant;  which  probaWy  arose  from  the  manner  in  which 
the  Northwardly  line,  from  the  River  St.  Croix  to  the  River  St.  Lawrence,  is  describ- 
cd  in  It.  But  he  wys  expressly,  that,  on  all  other  parts,  it  is  compassed  by  the  River 
St.  Lawrence  and  by  the  Ocean;  which  last  term  therefore  clearly  embraces  the  Bay 
of  Fundy  and  the  Gulf  of  St.  Lawrence. 

3.  InalltheCommissionsoftheGovernomofNovaScotia.fromtheyearneS  tothe 
year  1782,  (,,)  this  Province  is  described,  as  being  "bounded  on  the  Westward  by  a  line 
drawn  from  Cape  Sable,  across  the  entrance  of  the  Bay  of  Fundy,  to  the  mouth  of  the 
River  St.  Croix;  by  the  said  river  to  its  source,  and  by  a  line  drawn  due  North  from 
thenoe  to  the  Southern  boundary  of  onr  Colony  of  Quebec;  to  the  Northward  by 
the  said  boundary  as  lir  as  the  Western  extremity  of  the  Hay  de,  Chaleurs  •  to  the 
Eastward  by  the  said  Bay  and  the  Oulph  of  St.  Lawrence,  to  the  Cape  or  Pr^monto. 

ry  called  Cape  Breton  in  the  Island  of  that  name; and  to  the 

Southward  by  the  AtlanUc  Ocean,  from  the  said  Cape  to  Cape  Sable  aforesaid,  includ- 


(p)  "IncIudcnaetcomprtlien<lfnB  i.itra  prxdictas  maris  oms  litoralcs  a,  ,.a,iiin  ■  ircumfcrentia.  r 
//ion  ad  mare,  omnc»  Urras  coiitinciitt-s  cum  fliiminiljiis,  torrcntil)'  •..'  ,,i,  hit  ,u^  imulU  aut 
//lariAH,  jaecntibus  propi  aut  infra,  stx  l.-neas  ad  aliquam  eanimdcm  ,,  .u..,..  ,x  OecUnlali  h^a'li  vcl 
nr,entah  part.bu*  orarum  littornlium  ct  praecinctuum  carumdem.  ot  ab  Ktironoto  iibi  jacct  Cap-Breton  ct 
,x  ««.s/™/,-  parte  cju«lem  (ubi  crt  Cap  ,le  Sable)  omnia  maria  ac  inmla,  ver.ua  meridiem  intiu  quodmirin- 
ta  Icucas  dictiUTim  orarum  littoralium  carumdem." 

('/)  Tbc  sborea  of  the  Kiver  St.  Lawrence  are.  in  Uie  Grant,  culled  Sea  SAoret  "per  vmrUora,  liUo- 
i-ales  ejusdem  (liivii  do  Canada." 

(•\  «;t<:  Egbert  Benson'9  Report  to  President— Written  Evidence,  No.  36. 
fHf  'iVntten  r-.iJcnce,  No.  15. 


c,  isdescrib' 


tutrii  oraa  litto- 


17 

N  11.0  hl.„d  of  ,h.t  „a.c.  «„a  .11  other  l.,a„.„  within  fo„y  ,e.«„„  „f  .ho  Co../.  -/-r.., 

•;-"-  '-'■ -"K  .-.e  -r  ^;:  :,;^:;:7:r;i  t.r:r;:?-' 

rlnm«t,„n   of  I7n.1,  „r  tho  WuduT  Act  of  1774-  th»t  i,  T  i.  '  '^'^" 

"''l""«  the  .li«hl«n.J,  which  divi...  th.  wL"  ,.;,;„   'V  ,  ""'•  r'""'"'  "'-  P""''"" 
Riv-rMt.  Lawrence,  fro.n  ,h,.,c  which      llT.t      Ls'     TT    7  '"'V'"  "'" 

t».c  lli«hlands  which  d^Cd    the  Zls^  "«  '-•  fro-n  the  Hay  of  Chalcur.,  alon, 
..^nce  fro,n  ,h„.,  which  1)     ,  '.,,  IT     "'  """'^  •'•'"""•'^"'  '"•"  '»>''  "-er  St.  Law' 

..n  .h.,  K....„  ,.„,  or  1  «;;.:;;:::;::;:;•":;;"  ^^  •^^^-^  «>^  ^-^-  '-i-^ 

M«i..  Ocean,  exch.ivoTth.       a/  n^    O    ftTtoT',  ^"""•"'•^'^r""-'  '«  ^he 
ext..nd«  fron,  Cape  Hrc.on  to  ra,..  S^i!!..  '  ''"''"'"  "'  ^'  ""'>''  ^^h'-^h 

croi::::jr:::^!:r:r^:.;;:::;t::^rr'"s^^"-^^-^'^^«'--'^ 

whatever  point  on  that  line  n,ay  he  n,i  cred'a  l',  ''"':\''^f .»'  -•  i"  other  word,, 
Southern  houndary  of  .he  Colo'y  or^ZlrJjT^  "f  intersection  with  the 
a..vernor«  of  that  Colony  whether  »!^.r'  '"  l''^  <-°"'n'i«ion,  of  the 
NovaScotia.  he  Mar.  ^l^J^^Z^  tZ^7-  ''  ^"f  ^^"'  ""«'"  "'' 
l.ne  whatever,  from  that  p„i,.t  of  inter-ecUon  or  V    1  '■■  ""P""*'"''"  »"  <lrnw  any 

...e  We«a.r..  e.tren.ity  ot^the  U.;:^;iZf^:^:^  T^f  ^7 r'^'"'  ^" 
other,  croM,  or  touch  any  other  river  or  river,  ^1  l  ""''"  '^'"'^  '=•'"''» 

the  River  St.  Lawrence.-  the  Gu     of  sT  La  l'"""";     "J  ""'=''  ""  '"'•"•  ^'"-''-  '"'• 

»uch  nver  «houl,l  be,  either  divided  from  o.  1      T  '"'  ""!«"«'•»'<•  that  any 

line,  that  can  he  drawn  from  an/po  nt   no  rofT"'  ""'"T'  "'  '""^•"'"  "'>■  -T 
the  Western  end  of  the  Hay  des  cE;,  "^""^  ''^''''  «*^^''-  «'•  ^roix,  to 

The  rivers  therefore  which,  acconlin^  f„  ♦!,    i    • 
of  the  Colony  of  Quebec,  or  Nor  .    ^  loun^         TT"''' "'  '""^  '°"*''-"  ''"""'lary 
that  boundary,  from  the  river.  .^^  tyi  "i  irH        ^  ^Z'"'  "^^  '"  '"' '''-''-'.  »'7 
de«cribed,  as  river,  fa„i„,  i„eo  ^JJ    f:^^'^^'^  ''   '^---cc.  and  are  the^ 
aynonymou,  with  Atlantic  Ocean,)  mJt  of  nl^!  ^'•"'•'••"nation  of  1763  as 

rail  either  into  the  i,ay  of  Kundy,  'i  iZ^ tc  JlTC  L.T'  '^""  "'"^  "'"-"•  ^'-^ 

huH,  althoush  U.e  tenn  "  Atlantic  Ocean' '       i„^  ""T 

Boundary,.,.,.,  i„  „  ji^,,^..,  scns.^  „„d  exT^si  ^  "f  T  T  "'^'''^ '''^^"'>'""  °'" «« 
;ult  ot  St.  Lawrence;  it,  .synonymou,  te  m  I.C.'  i^'  V'  '''"'''  "-'  °^  ^^e 
on   and  .n  reference  to  the  division  of  the  river;  whi.h    ""    '"■'  P'"""'  "^  ^'^^^  •'•^■"•^'•ip- 

tr:^—' -^- "-- -:^  %  a:;s^^^^^ '-  -  --^  ^ 

New  Province,  by  the  name  of  New  ^^r'  f .''""  '^°"'^  ^^^  --'-'  into  a 
the  I«thmu,  which  .separate,  it  n^:' ":  /  ^  ,'  "."^rr ';*"'^'  '"^^'^'-^^'^^ 
^Bay  Verte,"were  n.ade  the  .Southern  Bonn!  ,If  1  m       p     '  '""'•""''•   -"-« 

(')  Written  Evidence,  No.  2i. 


I'- 
ll I 


h 


I 


111 


IS 

D.y  Of  Fu„.>.  Q,„,^,^  („,  Lower  Canach.)  rontlnucs  to  1,.  docla-.-cd  the  Nortl.ern  Boundary  of  iliat 
of  New  llrunswi.-k.  But  tl,e  word.  .'Atlantic  0«an,"  fortl.e  sake,  ,t  is  presumed, 
of  conforming  literally  with  the  expros.sions  used  in  the  treaty  of  1 7S,%  are.  in  rerercncc 
to  )],e  division  cf  rivers,  substituted  to  the  word  "Sea,"  in  the  commissions  of  tho  Go- 
vernors of  Quebec  or  Canada,  of  a  date  subsequent  1 1  the  treaty.  («)  And,  for  the 
same  reason  already  assigne.l,  it  is  evident  that  the  rivers  there  described,  as  falling 
into  the  Atlantic  Ocean,  must  necessarily  lie  such  as  fall  either  into  the  Bay  of  Fundy 
or  the  Gulf  of  St.  Lawrence,  and  therefore  that  both  arc  embraced  by  the  generiil  tenn 
"Atlantic  Ocean." 

5.  Another  instance  will  be  found  in  the  commission  of  16th  March,  1772,  of  the 
Governor  of  Newfoundland,  as  quoted  in  that  of  Guy  Carleton,  Governor  of  the  Pro- 
vince of  Quebec,  dated  27th  December,  1771.  The  Islands  of  Madelaine  are  there  de- 
scribed as  lying  i,,  the  Gulf  of  St.  Lawrena.;  and  the  Labrador  River  St.  John,  which 
has  Its  moiah  in  U,at  Gulf,  as  falling  into  the  Sea.  Thus,  notwithstanding  tho  designa- 
tion of  the  Gulf  by  its  spriilic  name,  in  one  clause  of  the  commission,  the  word  "Sea  " 
.s  used  in  another  clau.se,  not  only  as  embracing  the  Gulf,  but  instead  of  its  specific  de- 
.signation.  (r) 

It  is  believed  that  after  what  precedes,  and  having  examined  the  authorities  referred 
to,  It  will  no  longer  be  asserted,  that  Uie  terms  "Sea"  and  "Atlantic  Ocean,"  do  not 
comprehend,  and  have  not  been  used,  as  embracing  their  subordinate  inlets,  bays,  or 
gulfs;  particularly  the  Bay  of  Fundy,  and  the  Gulf  of  St.  Lawrence,  and  in  »-eference 
to  rivers  described  as  falling  into  tlie  Sea,  or  Atlantic  Ocean. 

Hut  the  principal  object,  was  to  shew,  and  it  has  also  been  conclusively  proved,  that 
.liOereut  meanings  may,  without  inconsistency,  be  given,  and  have  in  those  British 
pub  he  acts  iHien  assigned  to  the  same  term,  in  different  elausesof  the  same  instrument. 
And  It  will  not  escape  notice,  that  tlie  proofs  are  drawn  exclusively  from  documents 
connected  with  the  contested  lioundary,  that  the  description  in  the  treaty  of  1783  of 
that  Boundary  was  borrowed  from  the  commissions  which  have  been  quotedi  and  that 
most  of  the  quotations  refer  expressly  to  Uie  Bay  aiid  Gulf,  which  arc  the  subject  mat- 
ter  of  this  discussion. 

Since,  therefore,  the  use,  in  one  part  of  the  treaty,  of  the  terms  "  Bay  of  Fundy" 
and  "Atlaiitic  Ocean,"  as  distinct  the  one  from  the  other,  cannot,  in  any  degree,  re- 
strain  or  affect  the  natural  senseof  the  term  "Atlantic  Ocean,"  in  another  clause  of  the 
t.ea  y,  where  it  .s  use.l  as  .hstinct  and  separate  from  the  River  St.  Lawrence  alone;  it 
would  not  seem  necessary  to  inquire  into  the  rea.son,  wl,>  the  Bav  of  Fun.ly  was  specially 
designated  and  distinguished,  in  the  last  clause,  of  the  second  article  of  the  treat/ 

\  et.  If  It  can  be  shewn,  that  there  was  a  natural  reason,  or  a  s,,ecial  moti  ve  for  ma"k- 
mg  that  distinction  in  tl«)se  clau.ses,  and  that  such  reason  and  motive  were  applicable 
o  those  clauses  alone,  there  w.ll  not  remain  even  a  pretence  for  asserting,  that   he  dis 
tmction   thus  made  m  a  part  of  the  treaty  for  a  particular  purpo.se,  can  be  construed  to 

applivlr"  '''  '"  ""'  '"""'''""  "'"^  '''''  '■''''^"'  ^"^  ''  "•^'•^  ^^''«">-  i"- 

The  Umtcd  State*  are  declared  bythe  treaty,  to  be  bounded  "  South  by  a  line  to  be 

'/'!'*'".      • alo'iStl''^  middle  of  St.  Mary's  River  to  til.. 

Atlantic  Ocean.     East  by  a  line  to  be  drawn  along  the  middle  of  the  Riv.    St   C  o  ' 
from  lis  mouth  in  tin;  Bay  of  Fundy  to  its  source;        . 

prehencling  all  islands  within  twenty  leagues  of  any  ,Ku-t  of  the  shoix-.s  c*"  the  Unit'd 
States   and  lying  between  lines  to  be  drawn  due  Kast  from  the  points  where  the  afore- 
.sau   Boundaries  between  Nova  Hcoii..,  „:•.  .-,,.  one  part,  and  Kast  Florida,  on  the  other 
shall  respectively  «ouch  the  Bay  of  Fundy  and  the  Atlantic  Ocean  "  • 


(u)  Written  Kviilence,  No».  ."r  ajiU  j«. 
('•)  M'hlttii  Evidence,  .No.  -"l. 


19 

scroti' ''  ''  "'■^''' ;'"' ""  '•"''  ^'^••^'«"''^'''"  "f  ^''^  "•••y  of  Fundy  must  have  been  for  B.y  of  Pa„d.. 

some  othe    purpose,  than  .n  rcfcrn.o  to  the  Kastcrn  Boundary  of  tJ,e  United  State  ■ 

Jjnce,  ha.  there  not    .een  another  object  in  view,  it  was  unneeessary  tonltionS 

Bay;  and  the  hne.s  .„,«ht  have  been  described  as  correetly,  by  using'^he  wo  d      »  due 

La  t  fro,n  the  po.nts,  where  the  aforesaid  Boundaries  between  Nova  Scotia,  on  he  o." 

,>art,  and  Last  Flor.da  on  the  other,  shall  respectively  touch  the  Atlantic  Oc;an  " 

1  he  Lastern  extremity  of  the  Southern  Boundary  of  the  United  States  wis  in  th. 
hrst  .nstance,  designated  to  be  the  point  where  the  L  Mary's  Rve  lZ"htl 
us  „.outh    ,n  the  Atlantic  O.ean.     And  the  Southern  extre.i^  of  their  East  ^  Bonn 
darywashkew.se  designated  to  be  the  point  where  the  River  St.  Croix  had  its  mouth 
in,  or  touched,  the  Bay  of  Fundy.  " 

All  the  Islands,  between  lines  to  l:a  drawn  due  East  fron,  those  two  points,  wereaf- 

erwards  dec  ared  to  be  comprehen.led  within  the  United  States.    In  des  gnat^lgj  here- 

lore,  .n  the  last  sentence,  those  two  point.,  precision  of  language  requSe  1  St  thev 

^hottldbedescnbed  ,n  the  same  terms  as  in  the  preceding  sentence^vhe;hyhS 

t  vo  dd  1  ave  been  a  most  n^correet  and  inapposite  use  of  language,  after  those  points 
d   thus  been  des,gnated,  to  have  immediately  after  described't^em   as  TL 
nhe,v  the  aJoresa^U  Boundaries  shall  respectively  touch  the  Atlantic  Ocean 

moutn  01  the  Kiver  St.  Croix,)  as  touching  that  Bay.     Whv  the  liivnr  S.    r.,.- 
thus    escribed,  ..n  alone  require  an  explanation:  a.fd  it  willlt  hi        .vn   U  a    he':: 
was  lor  th:s  a  natural,  aiu.  on  the  part  of  the  American  Negotiators,  an I^ot, ta   . 

It  has  ah-eady  been  seen,  that  the  River  St.  Croix  was  designated  in  the  same  man 
ner  .n  the  original  grant  of  Nova  Scotia  to  Sir  William  Alexander   for  th.T 
purpose  of  describing,  with  precision,  the  position  of  a  rt  r  ^l^e "htdlv  r       " 
England,  and  on  which  the  mmn  »f  -,   r     ■    u    ,  ■  '  ^'^  ''""^^"  '" 

but'  few  years  b.W    by  t  le  C  Th:"'"       ,     ""  '•'"'"""'  ''  '"^'^°^''''  "^  ""' 

^om  that  Jrant,  in  the  c.L;Ur:?;he ^Zii^r  [IX j'""'^ '"Tr' 
i^ritish  Governors  of  that  Province.     AHer  the  .::;Z^!  "  ^e^  r"7';^;?1  ' 

fma'lv  agreed  to  confirm  the  River  St    Cmix    .„.l.,:il        .        ,    "^  *"^''*>   ''   1/SJhad 

or.„„v„iw„,u u..j:2::::::::x::z:^,:::;^-:^ 

traord.nary  course,  ,1  they  had  not  adopted  the  same  tern,s    in  ,l,.,.,.;i  .      . '"^'"  =*"  ^■^- 

of  the  river,  which  had  been  so  long  ui  use  in  the  .J::^:::^:^:::!^:::'::^ 

had  been  preserved  uninterruptedly  to  the  very  date  of  the  treat v    (J  '""' 

1  Ins  mention  of  the  fact  thai  llic  Wivi. I- Vi    *■     •     i     i  ■  •     ^    ' 

Atlantic  Ocean  known  by  t  1      t  „' '  'jZ    )     "'  T'  '"  '"'  '"'^'  °^^^^ 

otherclansesof  thet^aty  t^an  in  a"       ,  ^    0  •.  '..ro      "  ''"  "T   ^""^^  ^" 

And  it  has  already  been  shewn,  with  resp:t  ^^C^  ^Z'     """f""^- 
cific  mention  by  name  of  '.  Hav  of  Fumlv'-  nn.l  of  '  0,  1   ofTl  "f  •'■  "  '*''^- 

r'r  T  r '-'" '-''  ^^-^  '-^-^  ^^^^^:^i^Xr^::^ 

used  111  another  clausi-.  •  K^ntiic  term 


N   if 


*i 


20 

its  mouth  in  the  Bay  of  Fu!,;     '■        "  ''"""  ""'""•=  ^"  '^'^  ^-'S-"--^  -"--« 

The  repeated  attempts,  on  the  part  of  the  cror.n,  to  encroach  in  .h,» 
chartered  boundaries  of  the  Province  of  Ma.ssachu.eUV  LTh         ^''^'I"-;""' «"  th,. 

A  conclusive  proof  of  the  general  prcvailine  uncertninf,,  ,»  #       u  .    ■ 
true  St.  Croix,  will  be  found  in  the  topographic Zes  r^tt  of  theS^  ^'^ 

rican  Colonies,  published  in  1776,  by  T  PownalJ  M  ^"""  "^ '"'"  ^"''^'^  ^"t'«h  Ame- 
His  Majesty's  Province  of  MassachusetJ  bIv  In  V' ,  ,  T  7  ^''''  ^"^^'•"'"-  °*~ 
encomil  f„  the  British  StateTet     H's  wonU  areT  ^^'  '"  """  ''""^^^  "'^'  ^  "'«'^ 

"  The  Rii'er  Passam-AquSda,  or  Posaam-AccSda    whinl,  r..„»  •  .       u 
is  the  supposed  eastern  boundary 'of  New  En^^ltltt      of'tt;    "^T"^:!' 
er  Nova  Scotia;  an  incertain  m.er  S.  cloi.  L  the'LI:'  ^1^7   B^  : 
the  French,  according  to  their  mode  of  taking  possession,  alwavs  fixTd  ?!!!     • 
river  they  came  to,  almost  ev^ry  river  on  tL  co  J  o/  sZ!  y  I    7         " ''^'''^ 
been  deemed  by  them  La  Riviere  de  St   CroLr      TT  '^"^"''"'^"  '"^  '"  ^^^  turn 

appenative   th^  have  amused  ^  ^1^ :  evJlT ^^r'^  ^  "^  ^^^^^^^ 
It  Will  be  recollected  !hat  by  -  Sagadahoc"  is  meant  the  ancient  grant  to  tl.e  DnL- 

Province  of  M«,»cl.u,ell.'  U.y,  ono  of  ,W  „,c„  .f^u"  ,^      i       ''''""""'  '!» 

A.oH.„  ^.i„,  .„d  «d  :;m„  .;i  z:Lt  ,:::.^;  »^^^^^^^ 

In  .he  same  manner,  Mr.  Jay,  one  of  the  negotiators  of  the  Treaty  of  1783  in  I  • 
depos..on  laKl  before  the  Commissioners  appoiufed  pursuant  to  the  ^  Arlfcl.     t 
treaty  01  1791,  expresses  himself  as  follows:  '^(n  settling:  the  bom^^  ^  ° 

.scr.bed  in  the  Treaty,)  and  of  which  the  R.ver  St.,  ^r  ll  a  Z  'Tt  """  ^"'■'" 
quesfon,  ,M/cA  ^  I,,  river,  in  tAose parts  .as  the  true  / W  aV  cl'  •  /r  " 
^u,d  that  several  of  the.n  had  that  na.e.     They  did  Una  ^a^c  Zfth'     ^ 


{x)  Written  Evidence,  No.  34. 

0/)  CaUed  ..  Oatcr  Pa«,a„u.quoUdj.  Ulaud."  in  tl.c  u™,t.     Written  Evidence.  No,  34 

(z)  VVfiUtn  Kvidcncc',  No.  2. 

{<!)  Written  Evidence,  No.  40. 


I 


21 

St.  Croix,  laid  down  on  Mitchell's  Mod  fh    R- 

form  a  part  of  said  boundary  line."  (b)        ^'^  '^  ^*'  ^"''*  ^^^''^  °"8*>t  to  '*J  ofFuniy 

So  strongly  impressed  was  that  belief  th,*  U  ;«  <•      j 
later,  in  the  argument  addressed  LVmb;'  tl    i^  hT"  ""''''  *--ty  >-- 
8ioners,  (who  were  appointed  onlv  to  dl    J       .     ..         ^^'"'' '"  *''"  «''''  Commis- 
when  the  Agent  wasTg.  i„g  TaMhe  tuoa^         .  ""'"  ""  *'«  ^"'^  «'•  ^roix.) 
Chen.  S.  Croi.,  was  tht  rivl'L^Udld^t::.:  ^^^^^^  ;^;^  Maga^adavic.  (Mit-^ 

acted,  "that  the  river  which  7ZtZ  *  l^'  n  "*''"'  "'^°''''''  '"  ^''i<=''  ^t  is  en- 
on  the  western  side,  aL  1:^^.03  y  eld' l^T^^^^^ 
River,  be  held  .nd  deemed,  for  all  the ^^1  in  .t  ?  ^  '''^  """^  °'  ^'^  ^-''^ 
dary  line  between  the  P„,vinces  of  MaSrt.^  Bav'  hT"""?'  "'  *"  ^'"^  '"'""- 
asserting  that  the  river  thus  designated  Zth!!  f"^ '"'' ^ova  Scotia,"  and  after 
and  which  ought  accordingly  Tb  dXu  l:T"t''' '^  ^'^ '""''^y  "^  »^«^. 
Agent  p«H;eed8  as  follows:  "*""  *'"""  «'^*"-  ««•  ^roix,  the  British 

not  thus  bound;  .s  it  might  be  cllrly  2w^n  th^'       'T''  '"^"'^  '"  ''^  -- 

''^«*  Me  /r«e  iour^ary  by  which  N^vrCr  ^/  '°''*'  '"""^  '^*  '^'-  f^«»'^. 
It  the  Treaty  of  Utrefht.Ld  ouL  rsueh  t^  K  "'^  ""  *=^'''^''  '°  "'»  ^'J-^y 
Nations,  to  be  established  as  the  aS    "  L  J     '    ^  '^  ^'''"'^'P'^-  "^  ^he  Lais  of 

And  he  again  s.vs,  in  answeMl7/r"tT  f  '^  ^'"'^'^  *'«'"" 
that  the  Maga^adavic  wa^  ZZ.lt CrtS  '  ''"'^''  '*'^''  '^»'«  -tended 

;^u.;rrret  r™^^^^^^^^^^^  certain,  apply  ., 

-ch  by  the  Briti*  Com^iLries  at  ^Z   n  1  year^'o"'  T  ^""^'^"''^  ^^ - 
cernmg  the  limits  of  Actdl.  or  Nov.  Scotia  »  (!)  '  '"  "^^  '"^'"""als  con- 

ns3,\:^tir;i':-rix^ 

have  been  claimed  .s  such  on  any  oZ ^ounZr  L       .""^  *"  "'^  ^^^  ^^O^. 
The  British  Agent  asserts  that  h  ought,  a^dwlti?.  1       .*  T'  ^"^  '^"«  «^  ^'o- 
^sLicrcd  as  such,  had  not  a  previous  a     of  pTr,  T  "'^  ^•*''*^'  '^"^^  »>«-„  con- 

.  iver  Which  emptied  it^.lf  L  Pa^^uod    'Z"  ^ UM  '"^  ''  '^'^  '°  ^  » 
no  security  against  an  attempt  on  the  part  of  Gr^7H   f  ""'  '^""^'^  ^»^«  S'ven 

•he  true  St.  Croix  and  the  boundary  inCel  bv  I  ZT  '^  ''""  '''  ^^'^''^^^  - 
that  empties  itself  into  the  Bay  of  PasZao,.o  M  !'  ""''  '"*=  "'■^^'-  «*   Croix, 

he  held  and  deemed  the  boundary  be^ri^  '''  ''  J'"'  "'  ''^  ^-'---t.  to 
Nova  Scotia,  o,,,  /„.  „.  ;.«.^: TrJi^.^rrr '  ?^.-^''-*'^'  «ay  and 
temporary  enactment,  n.ado  for  the  snccial  n.,,-,  V   ?  '  *      '""''^'  therefore,  that 

of  the  restraining  act  all  the  po;uro„:X^  ;''^^'"'^"'='"« -'''">  ^he  prov"  ions 
'v.th  the  act  itself,  (rf)  ^  ^^"^  "^  Pasaamaquoddy  Bay,  had  expired 


i;. 


(4)  Written  Kvi.lencc,  Noi.  23  and  36. 
/j\  "HI  ^''   "  "Men  Kvidcnce   No   T< 


^  J 


■f    W: 


32 


8>y  or  Funily. 


It  was  that  provision  iii  the  treaty  itself,  declaring  the  mouth  of  the  River  St.  Croix 
to  be  in  tin;  May  of  Funily,  which  anbrilej  the  security  required  in  that  respect. 

L'mler  the  prevailing  belief,  that  the  designation  of  a  River  St.  Croix,  by  that  name 
only,  was  not  sulTicient  to  determine  which  river  was  the  true  St.  Croix,  and  with  the 
knowledge  of  the  anxious  desire  evinced  by  Great  Britain  to  extend,  under  color  of 
that  uncertainly,  the  boundaries  of  Nova  Scotia  ti)  the  Penobscot,  the  insertion  of  that 
provision  in  the  treaty  was  of  paramount  importance  to  the  United  States. 

By  declaring  the  mouth  of  the  River  St.  Croix  to  be  in  the  Bay  of  Fundy,  the  only 
question  which  might  remain  susceptible  of  doubt,  was,  which  of  the  two  rivers  that 
empty  themselves  into  Passamaquoddy  Bay  was  entitled  to  the  designation  of  River 
St.  Croix?  The  Western  extremity  of  the  last  mentioned  bay,  or  at  farthest  of  Grand 
Menan  Island,  forms  also  the  Western  extremity  of  the  Bay  of  Fundy,  as  will  be  seen 
by  Mitchell's  Map,  by  the  Map  A,  and  by  reference  to  what  19  described  as  the  en- 
trance of  the  Bay  of  Fundy,  in  Sir  William  Alexander's  Grant.  Not  only  was  every 
pretence  to  claim  the  Penobscot,  as  the  true  St.  Croix,  removed  by  that  provision,  but 
no  river  whatever  could  be  claimed  aa  such,  tliat  lay  West  of  Passamaquoddy  Bay; 
since,  as  will  appear  by  Mitchell's  Map,  Machias  River,  which  is  the  next  in  that  di- 
rection, lies  West  of  the  Western  extremity  of  Grand  Menan  Island. 

It  may,  perhaps,  be  asked  why,  with  Mitchell'sMap  before  them,  where  the  mouth 
of  the  River  St.  Croix  is  laid  down,  as  it  really  is,  in  Passiunaquoddy  Bay,  whicii  is 
there  designated  by  its  distinct  name,  that  river  was  not,  in  the  treaty ,^  declared  to 
have  its  mouth  in  that  bay,  instead  of  the  Bay  of  Fundy? 

Such  specific  designation  of  the  Passamaquoddy  Bay  was  unnecessary;  since  it 
would  not  have  rendered  the  description  more  precise,  with  respect  to  the  object  in 
view.  Every  river  West  of  the  Island  of  Grand  Menan  was  equally  excluded, 
whether  the  mouth  of  the  River  St.  Croix  was  declared  to  be  in  the  Bay  of  Fundy, 
or  in  that  of  Passamaquoddy ;  and  either  designation  would  have  left  it  equally 
doubtful,  which  of  the  two  rivers  was  the  true  St.  Croix.  The  negotiators  being  un- 
acquainted with  the  Indian  names  of  the  rivers  in  that  quarter,  could  not  have  used 
expressions  more  precise  than  those  of  the  designation  which  they  adopted,  and  which 
had  prevailed  from  the  date  of  Sir  William  Alexander's  Grant  to  that  of  the  treaty. 

But  this  leads  to  another  observation.  Witli  Mitchell's  Map  before  them,  and  a 
full  knowledge  that  the  River  St.  Croix  had  its  mouth  in  the  Bay  of  Passamaquod- 
dy, the  negotiators  of  the  treaty  of  1783  declared  it  to  lie  in  the  Bay  of  Fundy.  The 
Commissioners  appointed  pursuant  to  the  5th  article  of  the  treaty  of  1794,  to  decide 
which,  according  to  the  treaty  of  1783  was  the  true  River  St.  Croix,  did  not  hesitate, 
notwithstanding  the  treaty  designation  of  the  Bay  of  Fundy,  to  declare  in  their  deci- 
sion, (e)  that  '*the  mouth  of  the  said  river  (St.  Croix)  is  in  Passamaquoddy  Bay,  at 
a  point  of  land,"  &c.  That  bay  is  clearly  a  part  of  that  of  Fundy,  and  has  been  ac- 
knowledged to  be  such  in  a  .subsequent  instrument.  {/)  The  desigiution  in  the  treaty 
and  the  decision  of  the  Commissioners  afford  an  additional  proof,  that  the  general  term 
is  alwaj's  understood  to  embrace  its  subordinate  parts,  unless  such  port  be  specially 
excepted. 

It  will  not  now  l)c  denied  that  there  were  urgent  reasons,  abundant  cause,  for  desig- 
nating in  a  special  manner,  with  as  much  precision  as  could  be  obtained  from  the  mate- 
I'ials  in  hand,  the  place  where  the  mouth  of  the  intended  River  St  Croix  was  to  be 
ibund.  Notwithstanding  the  precautions  taken  in  that  respect,  the  river  contemplated 
by  the  negotiators,  that  which  in  Mitchell's  Map  bears  the  name  of  St.  Croix,  has 
not  been  confirmed  as  the  boundary  between  the  two  countries.     The  Schoodiac,  the 


(<)  Written  Evidence,  No.  2. 
(f)  Tiie  Treaty  of  Ghent,  Art.  4. 


23 


fcr  St.  Croix 

spcct. 

by  that  name 

,ntl  with  th(! 

idcr  color  oi" 

srtion  of  tlmt 

uly,  the  only 

0  rivers  that 
ion  of  River 
est  of  Grand 

1  will  be  seen 
id  as  the  en- 
y  was  every 
revision,  but 
juoddy  Bay; 
t  in  that  di- 
re the  moutli 
ay,  whidi  is 
,.  declared  to 

ary;  since  it 
he  object  in 
y  excluded, 
y  ofFundy, 
t  it  equally 
irs  being  un- 
ot  have  used 
I,  and  which 
he  treaty, 
them,  and  a 
assamaquod- 
undy.  The 
14,  to  decide 
not  hesitate, 
1  their  deci- 
iddy  Bay,  at 
las  been  ac- 
in  the  treaty 
general  term 
be  specially 

le,  for  desig- 
m  the  niate- 
X  was  to  be 
ontempiatcd 
.  Croix,  has 
loodiac,  ihe 


most  ftMlerly  river  that  empUcs  into  Bay  Furidy,  has  Iwen  decided  to  be  t)ic  true  St.   «»>  "t  f.„.iv 
Croix.     But  from  what  has  been  stated,  and  indeed,  judging  from  the  arguments  ad- 
duccd  in  support  of  the  claim  now  advanced  by  Great  Britain,   it  may  be  fairly  pre- 
sumed, that  the  field  of  English  pretensions  would  have  been  extended  far  beyond  the 
Schoodiac,  had  it  not  been  limited  to  rivers  having  their  mouth  in  the  Bay  of  Fundy. 
Can  it  be  now  pretended  that  this  precaution,  the  special  designation  made  for  a  par- 
ticular and  obvious  object,  necessary  in  order  to  obtain  the  object  to  which  it  applied, 
was  intended  and  can  be  made  to  extend  to  another  object,  and  to  have  an  effect  on  the' 
construction  of  another  and  distinct  provision  of  the  treaty?   Can  it  be  contended  that, 
because  it  was  necessary  to  specify  in  what  part  of  the  Atlantic  Ocean  the  River  St' 
Croix  emptied  itself,  it  follows,  that  when  speaking,  inanoth..  clause  of  the  treaty,  of 
that  Ocean,  not  in  reference  to  that  part,  but  as  contradistinguished  exclusively  from 
the  River  St.  Lawrence,  it  must  be  so  understood,  as  to  exclude  that  part  of  it,  (thr 
Bay  of  Fundy,)  which,  for  that  particular,  and  for  no  other  reason,  it  had  been  requi- 
Mte  so  to  specify  ?    It  is  obvious,  that  it  is  only  in  case  there  had  been  no  necessity  to 
use  the  designation  of  "Bay  of  Fundy"  where  it  is  used,  that  there  would  have  been 
any  color  for  the  pretended  inference,  that  that  designation  was  made  for  all  the  pur- 
poses of  the  treaty,  or  was  intended  to  control  the  construction  of  any  other  of  its 
provisions. 


§  4. 

OBJKCTIONS  TO  THE  KIVER  ST.  JCIIN,  DERIVED  FROM  OTHER  SOURCES  THAN  THE 

TERMS  OP  THE  TREATV. 

Having  »hewn  how  destitute  of  any  foundation  is  the  inference  attempted  to  be  Ne,o...Uo„. .. 
drawn  from  certain  expressions  in  the  treaty,  we  will  now  proceed  to  examine  the  rea  "^- 

sons  derived  from  other  sources,  which  have  been  alleged,  in  order  to  sustain  the  a.s- 
sertmn,  that  the  River  St.  John,  which  falls  into  the  Bay  of  Fundy,  was  not  intended 
by  the  framers  of  the  treaty,  to  be  included  in  the  class  of  rivers  therein  described  as 
falling  into  the  Atlantic  Ocean. 

It  has  already  been  stated  (g)  that  Congress,  in  their  tir.st  instructions,  of  August 
14th  1779,  had  declared  the  United  States  to  be  bounded: 

.u    u-  ^r"l'  ''^i  '  ''"*'  "^  ^'  '''^"'"  ^""^  '^"^  North-wes't  angle  of  Nova  Scotia,  along  * 
the  Highlands  which  divide  those  rivers  which  empty  themselves  into  the  River  St 
Lawrence,  from  those  which  fall  into  the  Atlantic  Ocean,  to  the  North-westernmosi 
head  of  Connecticut  River;     ■     •     •     •     •     and  East  by  a  line  to  be  drawn  along  the 
middle  of  St.  John  s  K.ver,  from  its  source  to  its  mouth  in  the  Bay  of  Fundy   (/>) 
■     ...     .     .     II  the  Eastern  boundary  above  described  cannot  be  obtained,  vou 
are  hereby  empowered  to  agree  that  the  same  shall  be  afterwards  adjusted   bv  Com- 
missioners, to  be  duly  appointed  for  that  purpose,  according  to  such  line  as  shall  be  by 
them  settled  and  agroc.l  on,  as  the  boundary  between  that  part  of  the  State  of  Massa- 
chusetts  Bay,  formerly  called  the  Province  of  Maine,  and  the  Colony  of  Nova  Scotia 
iigreeahly  to  their  respective  rights."  ' 

Although  those  instn  .lions  had  been  declared,  by  tliose  of  15lh  June,  1781,  to  be 
no  onger  peremptory.  (/)  the  boun.larie.  were  defined,  in  the  above  mentioned  terms 
a,  the  first  propositions  of  the  Commissioners  of  the  United  States,  which  were  provi 


(g)  Written  Rvidenco.  No.  8,  page  351. 
(A)  The  mouth  of  the  River  St.  John  is  there  .lescribe.l  to  be  in  ti.e  Buy  of  Fun.lv,  for  the  «,ke  of 

forn«  one  of  the  boun.tunes  of  the  P.,..  i„oe  of  U.K.bee,  accoMin^  to  U.e  rrochn.atinn  of  TeX 

(0  Writlcn  Evidence,  No.  8,  ptgc  05^. 


84 

nho.u.i.«o1  sionally  agreed  to,  on  the  8th  of  October,  1788,  by  the  British  Commissioner,  substi- 
tuting  however  to  the  description  of  the  Eastern  boundary,  the  other  alternative  sug- 
gested by  Congress,  namely,  that  the  true  line  betwe.n  Nova  ScoUa  and  the  United 
States  should  be  settled  by  Commissioners,  aa  soon  aa  conveniently  might  be  after 
the  war. 

After  some  discussiona,  during  which  the  British  contended  that  Nova  Scotia 
should  extend  to  the  river  Kennebec  or  to  the  Penobscot,  and  one  of  the  American 
Ministers,  after  again  proposing  the  River  St.  John,  agreed  with  his  colleagues  to  ad- 
here to  the  Charter  of  Massachusetts'  Bay,  the  boundary,  as  it  is  described  in  the  trea- 
ty,  vs  ultimately  agreed  to,  instead  of  leaving  it  to  be  thereafter  aettled  by  Com- 
missioners. 

The  following  particulars  are  declared,  in  the  British  Statement,  to  be  collected 
from  those  various  instructions,  propositions  and  transactions : 

1st.  That  the  mouth  of  the  St  John  River  was,  from  the  first,  specifically  describ- 
ed as  being  in  the  Bay  of  Fundy,  while  the  Bay  of  Fundy  was  described  as  distinrl 
from  the  Atlantic  Ocean. 

2dly.  That  the  north-west  angle  of  Nova  Scotia  was  deliberately  placed  by  the  A- 
mericans  themselves  at  the  source  of  the  River  St  John;  which  source  and  north-wesl 
angle  were  by  them  taken  as  identical. 

3dly.  That  the  highlands  intended  to  divide  the  rivers  falling  into  the  Atlantic 
Ocean  from  those  falling  into  the  St  Lawrence,  are  (in  the  American  projet)  dr- 
scribed  in  the  very  same  terms  which  they  now  retain  in  the  definite  treaty  of  nua. 

Whence  it  is  inferred,  "  that  the  highlands  designated  in  the  projet,  being  then  in- 
tended to  divide  the  Androscoggin,  Kennebec,  and  Penobscot  Rivers  alone,  from  those 
falling  into  the  St  Lawrence,  to  the  exclusion  of  the  St  John,  the  highlands  so  de- 
scribed are  still  intended  to  divide  the  same  rivers;  and  that  from  those  rivers,  there- 
fore, the  St  John  is  still  intended  to  be  excepted." 

The  highlands  contemplated  by  the  first  American  projet  were  of  the  same  cha- 
racter,  but  diflered  in  extent,  from  those  designated  by  the  treaty  ol  1783,  And  the 
facts  quoted  in  the  British  Sutement  prove  the  very  reverse  of  the  inference  attempted 
to  be  drawn  from  them. 

The  highlands  contemplated  in  the  projet  and  those  described  by  the  treaty  had  on* 
common  character,  that  of  dividing  the  rivers  which  empty  themselves  into  the  River 
St  Lawrence  from  those  that  fall  into  the  AtlanUc  Ocean.     That  property,  being  com- 
mon to  both,  IS  in  both  instruments  expressed  in  the  same  terms.     But  as  they  differ- 
ed  greatly  in  extent,  the  north-west  angle  of  Nova  Scotia,  as  determined  by  the  treaty 
being,  according  to  either  the  British  or  the  American  claim,  at  least  eighty  miles  east 
of  that  contemplated  by  the  projet,  the  terms  arc  no  longer  the  same,  in  that  respect,  in 
the  two  instruments.     The  place  of  beginning,  or  north-west  angle  of  Nova  Scotia,  is 
distinctly  stated,  in  the  projet,  to  be  at  the  .source  of  the  River  St  John,  and  in  the  trea- 
ly,  to  be  at  the  intersection  of  the  highlands  with  the  line  drawn  due  north  from  thf 
source  of  the  River  St  Croix.    Supposing  therefore  that  the  highlands  described  in  the 
projet  divided  the  St  Lawrence  from  the  Atlantic  rivers,  to  the  exclusion  of  the  Si 
John;  and  since  that  portion  of  the  highlands,  which  extends  from  the  above  men- 
tioned source  of  the  River  St  John  U,  the  termination  of  the  aforesaid  due  north  line  di- 
vides through  nearly  the  whole  of  that  extent  the  tributary  streams  of  the  St  John 
irom  thoEe  of  the  St  Lawrence;  {*)  it  cannot  be  seriously  as.scrted  that  the  highland, 
of  the  treaty  are,  in  that  respect,  either  described  in  the  very  same  terms,  or  are  Uie 
same,  and  are  intended  to  divide  the  same  rivers  as  those  contemplated  in  the  proj-t 

But  the  terms  of  the  projet,  on  which  the  British  rely,  actually  prove  that  the  River 
>>t  John,  instead  of  being  excluded,  was  there  included  amongst  the  rivers  fnliing  in- 


(lij  Or  accordinp  totlie  Dritisli,  from  tliuac  of  the  Tenobscut. 


i5 

rS.  W^""'  "  ''  ''-'-'  '>•  '-  "'«"'-"«  '^™  tho.  that  .„  ..o  the  m.    ^ 
vide  tho^c  rivers,"  &c.  and  fTsI  "  I'v  a  1     ^      ^'    '"  '"""*'  ""^  '''«''''""^''  ^^^ich  di- 

that  of  the  k.tc..„  :^  Z^Z^^Z'-'r^'TT'  "'^"^  ^"^'°"'-"  -'' 
Scotia  and  .he  source  of  ^,c  St  M,  UK  u.  '"  .  ""^  "'"  ^'^°'-">-^-«*'  ""g'e  of  Nova 
very  same  reason   he    us^the,'  ''      '"'"' ''"  '*'"'"  "^  ''^'^"^''='''- "   And  for  the 

northern  boundary  is.  i'et:;':  '''^''"S  't'""'^'  ""^  °"  .Lo  contrary  the 
tia,"  without  any  ehas  .        il  "  "'f ''"  '"  '^"''"'-"'-"'^  »"«''=  of  Nova  Sco- 

v-le  those  river,  i  hS?;  ? ''"'""  V' '''''"^  ^'-^ '"'^'''-^^  di- 

NorUMvest  an«le  of  NWaSco^:^  J  Z'""^'  •-'"'',  "^^-^-'-'t  River;"  the 
which  divide  those  rivers  which    „1  V'"''  '*'""'''  °"   ''"^   '^^y  highlands 

.I'o-se  which  fall  into  U.e  A  Jalu;  Ocl'n       ""    "  '""  '"  "^'-^'^  '''•  ^^"— '  ^-- 

River  St,  John!  nor  the  porti  n  ^f  i  ;  •  ^ Ind""  l'!\^"'.''-P'-^"  —  of  the 
ern  sources  of  that  river  can  divide   fn.  St/  '""  "■'"  ""  "'""  ^°""'- 

'3Vcrwhichfallsin.o  the  Atlantic  Oce„e'.  U  if7?"'  ''"'-'"'  ""^  '''''  ^^•'"»^- 
fore  necessarily  included  an^onl  those  f.  i ^  T  '  f ,"  """■•  ''"^"^"'^  "-- 
in  the  projet,  as  divided  by  the'h  ^  N  S  T  ^  t  ""''"'  "'"'="  '""'^  '^^^-'''-^ 
Lawrence.  ^        mghlan.ls  f,„m  the  tributary  streams  of  the  River  St. 

And  since  the  mouth  of  the  Sf    Inhn  n: 
the  British  Statement,  spec  fi  at  dtcl7  "?'""" '^"•^'''''"  '^^^'^^^^y  «^»-»  '" 
Bay  of  Fundy  as  disti'nct'fromte  ^Z^l:T''7  "'  '""'^■'  ''''  "'^ 
l>rojet  afford  an  additional  and  conclusivLoin    '"  ^^'.'I't'''^  terms  used  in  the 
">o  article,  of  the  Bay  of  Fundv  bv  i.,        ^r  "''  '''^^'^nation  in  one  clause  of 

'H'ing,  in  con.e,uence  of  th  f de sCr  i;  """''.  '^'i  "  '''''''''  '-'•''-'  -^^  '^ 
Atlantic  Ocean,  does  not  affeC,  or  S  '  th  "T  ;  ""  '"^'  "  ''^^'"*=^  ^-"  ^'^^ 
.hat  fall  into  the  Atlantic  Ocea  ."  s!.  „  'e  ..  r  7""'T  V'''  '''"''  "  ''-- 
though  it  was,  in  reference  to  the  mou  h  of  ^^  "  ^''''  ''*'•  ^"'"''  »'- 

-  ^us  d.ig,,.ed  and  distin^.is,L::i:;:::,  3'-^' ^'^-'■^  ^ 

.>eri.et:,i;:zxri:;;;':ri"'r;'!r."^-^''-'  ^»  ^^"'^^ «-  ^'i-in  i^ 

expressly  descriled  as  divi  1  ng^Zn  -iv ';  f         "':"r"^^  '""^  '"'^  '^'«'>'-"-^' 
U^e  rivers  intended  to  be  divided  h'sZ  T      "''"'  f"""''  ^^^"^'^  "'-"'= 

I'e  allowed  to  have,  in  U.eir  own  pro^"  i  ed  ,.        7""'-  '"  ^"'^"'  ^"'^'^  '""«' 

they  used,  and  not  to  have  inten^r  l  "  il      7''  Tu  7"'""''""  *"  ''^'^  --''« 
^o  ««/  divide  the  rivers  therein  meniioncd      '  "'"'  '''''''"  '"^"""""^  -'-h 

not  e:;:^;^:;;it^;^!-  tr^r  "-^  -  ^t  "^^^ "  '"^  ^"'-'  ^-^«  ^'-^ 

-ately  agreed  on  and  substitut  d  L      ,    ' '""  "f  """  ^""^'■^^^-'  ''-  --^  "Iti- 

''y  «reat  l^ritain;  it  is  in.possi    e      Z^Z'^T  '"":  '''''''  "-'  '-'  '•eJecte,! 
United  States  a  territory    or,h  of  t^      T^S  '       '     ""     ."'  ''"""''  ""'-^  '•"'  ^"  '"e 
TiK-AmericancIainUotheHiv!    ";,';;/"''"'  '"V"'"""'  '"  """'■• ''-'  ^•'-- 
Ifef,  that  the  Chartered  Hound:  :^fM    :::;:;::  ;>"  ''^'^'^'  ^  ^he  erroneous 

"—  --''---"^.e.eeb,n.of;;;:::;;L:^-;;r^^^^^^^^ 


<'C<ili.rliiMi>i>»,. 


ft 


if-! 


36 

>-,..,!,,»„„. or  o,|,^,,  rj,,,^„„  ,,^^  ,,^p,,  aligned  for  timt.  helief,  but  thnt  wliirli  is  stated  in  liic  Ropoit 
inailc  on  tin-  1  (itii  Aiimist,  1 7Hi.',  by  a  Cominitttc  of  ('onun-ns,  in  the  following  wordst : 
'<  As  to  th(!  territory  of  Sngadnhork,  which  is  synonymous  with  the  lands  between 
the  Province  of  Maine  and  Nova  Scotia,  convcyi-d  by  the  new  Charter,  we  can  only 
observe  upon  the  expression  alivady  cited  from  tlie  (;rant  thereof  to  the  Duko  of  York, 
that  the  'place  called  St.  Croix  adjoining  to  New  Scotland,  must  mean  the  territory 
which  went  by  that  name.  I  fad  the  river  only  been  designed,  it  alone  would  have 
been  mentioned.  It  seems  to  have  been  the  j)ractice  of  those  limes  to  denominate  a 
country  from  n  river  which  bounded  it.  The  River  Sagadahock  accordingly,  at  first, 
g.ive  its  own  appellation  to  the  whole  country  as  far  as  the  river  St.  Croix,  and  after- 
wards to  the  country  from  thence  to  Si.  Johns,  which  bad  before  been  called  St.  Croix. 
The  i.lace,  therefore,  called  St.  Croix,  afljoiningto  New  Scotland,  was  most  likely 
intended  to  describe  the  lands  between  the  rivers  St.  Croix  and  Sc.  .lohns."  (/) 

The  reason  there  assigned  is  altogether  insudicient.   The  tract  of  land  lying  between 
Nova  Scotia  and  the  old  l^ovince  of  Maine,  which  by  its  Charier  is  made  part  of  the 
J'rovince  of  Massachusetts'  Hay,  is  luiiloubtedly  the  same,  commonly  called  "Sagada- 
hock,"  wliieh  had  been  granted  to  the  Duke  of  York  in  the  year  l(>(i7.     But  although 
there  might  he  a  want  of  precision  in  the  description  of  the  Eastern  boundary  of  his 
(irant,  there  was  none,  so  fai  as  ivlated  to  the  River  St.  Croix,   in  the  boundary  ai* 
descrbed  in  the  Massachusetts'  Charier.     The  words  air  '<  the  province  of  Main,  the 
territory  called  Accada,  or  Nova  Scotia,  and  all  that  tract  of  land  lying  between  the 
said  territories  of  Nova  Scotia  and  the  said   Province  of  Main."     And  Nova  Scotia- 
was,  by  the  grant  to  Sir  AVm.   Alexander,   bounded  expi-essly  on  the  West  by  the 
River  St.  Croix. 

Of  this  insufficiency  the  Committee  was  aware,  since  they  acknowledge  that  the 
country  in  question  "cannot  be  proved  to  extend  to  the  River  St.  .lohn  as  clearly  as 
to  that  of  St.  Croix."  (m)  There  is  indeed  much  confusion,  in  all  the  portion  of 
the  report  relating  to  this  boundary,  which  evidently  arises  from  the  difficulty,  to  find 
some  reasons  to  justify  the  claim  to  the  River  St.  John,  which,  without  a  sufficient  in- 
vestigation of  the  subject,  had  been  asserted  in  the  Instructions  of  August  1779.  („) 
And  the  American  negotiators  of  the  treaty,  after  a  full  examination  and  discussion, 
did  abandon  the  claim,  on  the  express  and  avowed  ground  that  it  could  not  be  .sus- 
tained by  the  Charter  of  Massachusetts'  Bay. 

Anotiier  line,  (namely,  the  River  St.  Croix  and  a  line  drawn  due  North  from  its 
-ource,)  which  intersects  the  River  St.  John,  was  substituted  in  lieu  if-  it.  The  ef- 
lect  01  this  was,  to  leave  to  Great  Britain  a  portion  of  territory  along  the  sea  shore. 
West  and  South  of  the  River  St.  John,  which  was  included,  and  to  leave  within  the 
Lnited  Slates  an  inland  portion  of  territory  beyond  the  River  St.  John,  which  wis 
not  included  within  the  original  American  claim.  It  cannot,  without  ascribing  a  glar- 
ing absurdity  to  the  An<erican  negotiators,  be  supposed,  that,  in  agreeing  to  a  substi- 
rution  toundcd  in  their  opinion  in  justice,  they  intended  to  ai)andon.  not  only  the 
urntory  which  was  shewn  to  be  without,  but  also  thatwhidi  they  found  to  be  clearly 
.omjireluMuled  within,  the  boundaries  of  the  Massachusetts'  Charter. 

The  fact,  therefore,  i)rinci|)ally  relied  on  in  the  British  Statement,  is,  that  the  River 

St.  John  having  been  c.ecideilly  rejected  by  Great  Britain  as  a  Boundary,  the  line 

substituted  must  neces.sarily  have  been  more  contracted  ihan  tli.it  which  bad  thus  been 

ejected.     And  it  is  accordingly  asserted,  that  the  territory  beyond  the  St.  John,  not 


C/)  Secret  .loumals,  III  vol.  pa^.,-  ir  f.      Written  Kvi.lence,  No.  H,  pa^e  23*. 
("0  Secret  Journals.   Vol.  Ill,  pa^e  171.      Writttn  Kvi.lenre,  No.  H.  pa^'e  2.5.!. 
(»;    J  IMS  report  is  erroneously  ^i.i,  i„  „,,  ,lri,i,|,  .su>...men.,  pa^-e  17,   to  have  be.,,  en„e„,re  1  in  by 

.tlrre.I,(.,spropo.o.ll,y,l,e.:,„„„,inee.),oU,eS.cr.t:,r,    f„r    foreign  .M.airs,    an,l   .loes   „„t  appe.r 
o  have  ever  .ifleruar.l.sbi.cn.actid  upon.  " 


fl7 

.nargn,  to  Im,  .^ho  mo.t  favornl.I,.  whid.  Vo.ll.  7    \  '"'  '"  ""'"-'•'  '"  »hr 

Ti.at  .„„.  s„..t,.H,  ....... . ,,.;!:;:    ::;f'';-^'' "^  -^-i-  i-  .7«.." 

been  contemplated  a.  tho  North-west  An«l..  of  C  .  S  o  ^  '  """  ""  '"'^'"*' 

projct :  and  the  comparative  calculation  of    1     .  '"  ""'  '"■'«"'"'  ^•""■ienn 

i«  founded,  ha^accoldin^y  l^ec  '      ^ '""  '^T"''''''  ""  -'-»'  "-  -«..men. 

.he  C0U.C  of  th„t  „.„c^L, :;  ri;!;  t::^r  iir'" """  '"^"^^  ''""^^"■'^ 

S..uthe.-„  source  above  descrll^  ts  ,  !  ,'"  V"  ^;'""""'  "^^""-      ^^""  "- 

land.,  and  issues  from  the  lu.hhlv  ,?!"«"'  "'  ""^  '"''  '^•'  "^"^  ^-is''- 

'n  the  year  1782.     Its  discovery  is  ,lue  to'th,.  ,1  '"'* ''''"'  "'>' »"'«"■» 

18^0,  under  the  late  Commission  '  '^  r  e^wT  t'^  '""''''  "  •'*-'  ^"'"  >«'«' 
the  surveys  and  maps  annexed  to  the  p  oc  I  f ' u^  ''""'  "*^."  ""'  "^  "-^^'^  "^ 
the  comparative  contents  of  tho  two  territ.  riol  Commissioners,  from  which 

-nner   n.entioned  in  the  liri Jsl^tl  ^  'm  ''-'^'"  ''"'''"''  '"  ^^'^ 

for  such  calculation  than  the  n,aps  exis.ingal  IhTlil?  ''''•"  '""  "°  "^'"'-  '>'«"• 

.e.t^:?':;-:r;^-!;.:tr:;-^^ 

an.l  that  which  gives  the  result  n,oM   'v:^  ^^  h;v  l"  "'^:"^f "«  '"«'"''-'^'- 

made,  in  that  map,  to  terminate  in  a  smnl    I    th       "        '  "'"  ''  "'  "'"''"^'"«'  '^ 
ahout  6a°  18-  VV.  longitude    -too  J  v  .  V  ""  T     '"  '""^'•'''"i'y  "f  which  is  i„ 

Quehec.  io)  '^         '  ''   ''■   '""'"^'^'  ''"''  "•^-'t  ''4  miles  South-east  from 

.a.n^;:;;tns::::;:::r;:^r:!^"'tTr '"«^"  ^'^^^^^"'^  '^^-  -• 

oonte„.plated  in  the  f.rst  instr       o  s  "  "   Z"     '"  .f  "■":""•  ''"'^'^'  "''  ^^-»  '^-•'•'• 
••>hn.  not  inchuled  within  the      "in       17       '      ■"'  '''  *"'''°'"^-  ''°^"'  ^'^  *'-  S'' 

— "iiesm..,  is  consid:a:;^i:^™;:  :-;"-"'•  r.^--^'-'-^  '- 

viver,  ^hicn  was  claimed  l,y  the  Unite,  St     1  ''"       "  '^'""^  ^^'^^''^  ««■  <he 

>  -h  by  the  tr..atv  has  talirw  ,12    .e  """        ^^  '"  ""^"  «-"-tructions, 

■•  -.  .UKument.  being  sdely  gr      ull    I  ,  ! ''7'"""^  "'  '''^'"'  ^^^"-•-     '''he  i.W: 

tute  of  any  faumla.i.n,.  '  ""  "'"""'"■>■  -^"Pl'-it-'-,  is  ihen-fore  desti- 

known,  source  of  ,he  Hiver  St.  Lut  ^  PsT'  7"'"^"'  ^""  ^''^"  ""■ 

nver   could  have  been  that  wh.ch  .L  conte    ,     ^d        ^hf '"'""  ""'"  "'  "'"' 
North-uos.  angle  of  Nova  Scoiia.      Ft  was  iher.  '"=  •■^""'••'.■an  projet,  as  the 

_ l"-..pose,l  ,ha,  ,|k.  Hiver  St.   John, 


(-)    l-hisnins.  I,av..  ben  tl,.  I,n.,u-h  .l.si..„„,.,|  i„  w,,,  .       ~  '  '  


1^ 
ii 


i 


II. 


ii,    K 


I':  rl 


28 
v>^...M^.«,.„,  .Von,  i.H  Hourcc  loiu  n.outl.,  shoui.l  ho  the  houndary  hclwecn  U.o  Uinted  Sutc»  ai.U 
Nova  Scol.,.,  leaving  whhin  (ho  KniU-.l  Stntos  nil  IIr.  t.-rritory  on  the  right  bank,  an.l 
giv.ng  to  Xova  Scotia  th..  «  hoir  country  on  Iho  iHt  hank  of  the  river,  from  it.i  source 
to  itimouth.     It  will  appear  nt  once,  from  an  ini.pcclion  of  the  Map  A,  and  of  Mit- 
eheir,.  Map,  that,   from  either  of  thos,;  M.urcci  to  th.'  place  where  the  ,lue  No-thline 
.nler^ectsth..  St.  Join,.  ,he  whole  connfy  on  the  Sonth-ea.t  side  of  the  river  woul.l 
have  thus  been  within  the  boundaries,  of  the  United  Stat*.-!.,  and  that  on   U,c   Norlh- 
wc«t  side  within  tho.s..  of  Nova  Scotia.      Whatever  breadth  might  be  allotted  to  that 
Province  in  that  .piarter,  it  i.s  evident  that  its  North-west   angle  must  have  Iwen  at 
tome  piac..  bearing  North-west  iVom  the  said  point   of  inter*Llion,  and  far  North 
Ihereforo.  of  either  of  those  sources;  the    Westernmost  being,  on   that  supposition! 
iho  Western,  an.l  llm  Soulhernnu.st.   nearly  the  South-west,  instead   of  the   North- 
west angle  of  Nova-Scotia. 

In  placing  the  North-west  angle  of  Nova  Scotia  at  the  source  of  the  Hi  ver  St  John 
the  source  which  must  necessarily  have  presented  itself  to  the  Americans,  and  have 
been  contemplated  in  their  projet,  was  that  of  the  Madawaska  or  Temiseouata  Lake 
(p)  both  on  account  of  its  position,  and  as  the  only  North-west  branch  known  at  that 
lime;  it  having  always,  in  a  country  uninhabited  and  without  roads,  been,  as  it  con- 
tinues to  be,  the  ordinary  communication  between  the  country  bordering  on  the  Hiver 
St,  Lawrence  and  that  towards  the  mouth  of  the  Kiver  St.  John. 

The  projet  originated  in  Congress.  It  is  not  at  all  in  proof  that,  in  designating  the 
hrst  claimed  boundary,  that  body  was  guided  by  Mitchell's  Map ;  and  it  is  in  proof 
that  they  hud  before  them  Howen's  Map,  which  is  quoted  by  the  Committee  as  one 
entitled  to  credit,  (y)  It  will  be  perceived,  by  a  reference  to  tlmt  Map,  how  much 
smaller  must  have  appeared  the  territory  beyond  the  St  John,  not  included  within 
the  original  claim,  than  that  lying  on  the  West  side  of  the  river,  which  was  aban- 
doned by  making  the  River  St.  Croix  the  Boundary. 

The  inference  drawn  in  the  British  Statement  will  appear  still  more  extraordinary 
..  the  comparative  valxe,  at  the  date  of  the  treaty,  of  the  two  tracts  of  country   i.l 
question,  ,s  taken  into  consideration.     Even  now,  when,  after  the  lapse  of  more  than 
turty  years,  the  inland  country  ha.s,  with  the  great  increase  of  ,H)pulation  and  ao- 
proximation  of  settlements,  acquired  a  proportionate  valu    and  importance  ;  its  soil 
would,  acre  for  acre,  be  considered  as  far  le.ss  valuable  than  that  of  a  territory    the 
greater  part  of  which  borders  on  the  sea  coast  and  tide  water.     Hut,  in  the  year  1782 
when  the  attention  of  both  Powers  had  been  and  was  so  entirely  turned  to  tlu.  country' 
on  the  sea  shore,  along  which  alone  there  were  any  settlement,  at  the  time,  it  is  quit. 
prepo.Hterous  to  suppose  that,  believing  the  two  tracU  to  be  nearly  equal   in  extent 
their  value  could  have  been,  in  the  opinion  of  either  party,  even   a  subject   of  com' 
parison.  •* 


.  ,eror^M=d,>v.,..  In  the  total  absence  of  .solid  rea.sons,  resort  lias  also  been  had,  in  the  British  St^.tc 

mcnt,  to  an  ancient  French  Grant,  situated  on  the  Madawaska  River,  and  includinu 
the  Lake  Temiscouata,  which,  by  virtue  of  subsequent  .sales,  happens  to  be  now  claim- 
cd  and  occupied  by  a  British  subject. 

This  concession,  known  by  the  name  of  "  Fief  of  Madawaska,"  was  ma.le  on  the 
25th  NovemlR-r,  1G83,  by  the  French  Governor  and  Intendant  of  La  Xonrel/e  France 
and. ^cadie,  to  Antoine  Aubcrt,  a  French  subject,  and  his  wife. 


of 


(,,)  This  i,  one  of  .l,o«.  laid  down  in  Mitc-hcll'»  Map  .«  ha,  ing  iu  head  opposite  U.  the  Wolvc,'  Hive,- 
the  KivtT  St.  I,.  ATcncc.  ■»'»*.! 

(y)  ITintcd  Map.  .No.  13.   See  S,.,-rct  .lo.inul.  of  Pon^,,,  Vol.  Itr,  pa^<.  19,1     written  Fvi.le,,,.. 
Xo.H,   pngt''Jj.5.  .'"11111.1. 


led  States  and 
I'Klit  bank,  and 
from  it<i  Hoiircc! 
,  aiu!  or  Mit- 
luo  No-thiiiio 
i  river  would 
1  the  Norlli- 
llotlcd  to  that 
linve  l)ccn  at 
id  fiir  North, 
t  supposition, 
f  tlie   North- 

iverSt.  John, 
HM,  and  have 
icouatu  Lake, 
inown  at  thai 
en,  as  it  con- 
on  the  Hiver 

signating  the 
t  is  in  proof, 
litteo  as  one 
.  how  much 
uded  within 
1   was  aban- 

traordinary, 
country  in 
if  more  than 
on  and  ap- 
ice  ;  its  soil 
rritory,  the 
5  year  1782, 
the  country 
!>  it  is  quit*' 
in  extent, 
ct   of  coni- 


itish  Stjite- 
I  including 
now  claim- 

ladc  on  the 
'//<•  Prance 


'olvcs'  llivci- 
II  I'viilftic<', 


2» 

After  various  mii  tulions  of  nrowrt  v  hfl»w„„„  v        ,      ,. 
quont  to  the  conquest  of  Canada  by  Great   HrT  .'^"""'  '.'"''J""'"'  t''"  ^'ief  «'«s,  ,ub.sc-.  ^<  -r  m.-.w.. 
togeU.er  with  the  .SW,,.,..,  „f  ,1  ^      ,    tl  ^    '  "•;   ^ho   .uth    July,    .  703.  ^• 

rence,  by  the  then  French  ch.i„,.,H,.  to  oterll     '      T     ""  ""^  """'  ""'■  ^-- 
nor  of  Queh..o.     lioih  the  Fief  and  the  W  '■"'^'  '^^  "^"'"f-  ""ver- 

^'•^•''"^-".  « 'y-.d.  on   UrV^Xr:;;;*  f7;'"-7-di«te,a,eto 

,  present  claimant.  **     '   '**"■*'  '"  Alexander   Frascr,    th, 

<;™  1. 1;  K,.„,„,  n,r  ,v"i,i„  ,J  L,nZ   ,       .'        ""  °'"'""  "'  '•"  " 

-  '-'r  <' ■"  "<  .:..■  v:J2    r;i:''r'  ">- "-  """«^  *•■■"■ 

on  <vh.l  |«,»i|,ic  |,r„„,„l  ,„„  ,!,„  u„ii,.,l  s, ™™™""   "■>" 

'"  -r""'^,  i"  '"^ ".  prof..!::^ ;:  X;tr  srri'™  "r "  '™^' 

now  lay  claim  to  a  ti-rriloiv  wl.;„K  .  .'""  ^"•'""••f  Massachusetts' Hav. 

Governor  of  Canada    M.^  .       e  i^.^rt    V/''"''  """^^•'='' "^  «  ^'-"^' 
and  which   has    always   furn.ed  an  .  "'*"    "*■  '^^'«"«<^h"«-"t-'  Uay, 

France  or  Great  Hri.ainp'  '  •*"'  '"^^""   '"' ^'""''J"'    ^vhether   held  b,' 

and  u::r  s:^:r';^r  ^t't ';;r  r^'  -"  "^^-'^  r-'^  '>■  -  ^-■. 

from  the  cession  of  Canada  ,o  Grlat  IwZ"  u-    '  ''""""'  """^'''"'''^  «"«'  "ot  at  all^ 

as  mentioned  in  another  Jrt  o    t  e      h  "h  tl  ""'  """'"""  ""^  ""'  *'^-'  "»-"«. 

"ndertheoriginaIgrant,»'th«tistosay'     Jiu^^^^^^^^^^^ 

parcels,  can  possibly  affect  any  national  quo    ion      And  7'  "'!''  ""'  '"  '""'""■''''^ 

grant  to  a  French  subject,  by  "a  French  G.  rno"  of  Ca  ;"  r?7  """'''''  ^'"'^  " 
existence  of  the  Charter  of  the  Mas.sachusetts'  hL  «  '  "''  ^''^"'■•'  •""  ''^'"-  '^''^ 

rights  of  the  United  States,  so  farrthcrmlv  h  "^^  "J  f '^'''  ''"'  ''"'"»  or  ,.H*re,>,„ 
vate  rights  of  soil,  from  w'hatev"  1  ^^  Z-  aJe" t  ""  T'  'T'"-  ''''''  P"' 
;..n.H.andsovereignty,a„,...,,,;r;-^^^ 

the  l;r:;rr;-irti,i^^^^^^^ 

by  the  River  St.  John,  and  its  tri  Iry  st  Z,  "T''  "'''*=''  '"  ''<^''''^'^ 

-ay  be.  for  aught  that  is  known  t  t^c  c^T  L::.:  T  f.uV^'^""'-  ''''^' 
that  river,  and  elsewhere.  South  cf  the  2h  7  .  "'"  '''■^""''''  ^'-'l"  »« 
of  Canada,  either  in  the  c^ntest^^  J^:;^^:^^:?  t  *"^^'•'■'^•^  ^'-inco 
of  the  United  States,  or  of  the  Province  oT^Z  Till  ^•^'"°^^'^^«^''  "-'"^--s 

Repo;;:  a  cr:^zs  K:::r  2::::r  n;'  r  ^'^  -'•'^"  ---  -  ^"^ 

the  year  ,787,  where  it  -^ statertrrhZ  ^    ^^^^^^^^^  "ated  in 

divides  the  rivers  that  empty  themselves  into  the  s7  "le  height  of  land  which 

:-|^e  Atla-,,  Ocean.'^'::^.  e.^tldrV^^:  ,  ^r  :nir  g^"^  ^^''^^^ '^" 
interfere  with  the  "  ,ve,>r.«,ri„  under  Canadian  irnnt,  ,  f  .  ?  ^"^•"•'""«"^  and 
and  1683."  (.)     U  will  also  be  given  in  pZf  tha  t'     fl'  "  '^'  y'"'  '''' 

the  acknowledged  southern  bouilry  o/::^:;^;:;!:^^  '  ''''^'  '>■ 

hi»  Ma,la„,,,k„  fVf,  i„  r.v„r  .f  fc  ,i  „  uZh  r,  'J',"""'''  '»  'li»l»»  of 

:"7'  "''  • ""'^  "•»'  ^-  «4S?:';'.  ;       X,'^™''^^^   P'*^'.  .H. 

that  quarter.  **  "''^*  "'*  j-ench  concessions  in 


.../^^  ^*'''"''"  *'■*■"'<••"<=''•  ^'o-  ^9,  ami  llriti.h  Evidence   No  3"      ....     „    ,' 

.r.83,  bu.  tl...  r-„n,ml.toc  .nu>U.s  to  other  ^u^  ,, .  J,;:*  ,^: ,;;  ,;,;"-■  "''^"-t.  Fief  w, 


"SRTantftlin 


r:  I 


I  ■  « 


3*5  il 
If'  M 


■*■> 


M, 


3U 


lt..i*qu.llynolorio«i,.ml  not  to  be  denied,  that  not  lh«  .l,gh,««  re.pectw.,  ,«,.,| 

by  Oru..  Hr.U.n  .o  the  cl.in,  of  France,  over  th.t  country.    The  principle.  ..lopto.l  i« 

n..t  rc.p<v  ,  arc  clearly  e,,,rcMc,l  in  the  Letter.,  I'«t.„,  ,.f  J,„,o.  I.,  dated  ad  Novem- 

her    16»0    to  the  Council  tt  Plymouth,  (commonly  known  by  the  num.,  of  the  New 

KngUnd  I  .lent,)  and  in  the  Ch.rter  of  the  C«/o„y  „(  Mns,.rhu»ett«'  Iky,  cr.ntod  on 

fhc  -Ith  March,  Um,  by  Charles  I.  (*)  /.  n  n 

The  Grant  in  the  New  Engl.nd  Patent,  i.-  for  "all  that  pari  of  America,  lying  and 

being  m  hre.dth  from  for'y  degree,  of  northerly  kiitude.  from  the  equinocUal  line  to 

the  lorty-eighth  degree  of  the  uid  northerly  latitude,  inrluiively,  and  in  length  of 

and  within  all  the  breadth  aforewi.!,  throughout  all  ih..  main  lands  fromsca  to  «•«." 

And  the  (  xe.-plion.  a.  to  iho  claims  of  other  nations,  i.  as  follow.,  viz:  «<  Provided 
Hlway.,  that  the  wid  lands,  islands,  or  any  the  prennses  by  the  .sui.l  L.-ttcrs  PaUmt 
.ntended  or  meant  to  be  granted,  were  not  Ihen  acluaUy  po,.e»s,d  ur  inAudiUd  h. 
'tny  other  Chrhlian  Prince  or  Stale."  * 

The  «,me  exception,  and  in  reference  to  the  same  year,  was  in«-rled  in  the  Charter 
o(  Iho  Colony  of  Massachusetts,  dated  16a8,  in  the  following  words  viz- 

"  Provi,le.l  always,   th.t  if  the   ,M.i.l   lan.ls i„,,,„,,j  ,„j 

...ran  to  be  granted,  were,  at  th,  time  of  granting  qf  the  »md  former  letters  ualent, 
dated  the  thtrd  day  ^  November,  in  the  18M  year  qf  the  reign  of  hi.,  laU  Muie^tu 
lung  James  I.,  actually  po»K».Hd  or  inhabited  by  any  other  Christian  Prince  or 

''"''  ■     ' '''»'  ^''en  the  raid  grant  of  our  Mid  royal  grandfather 

should  not  extend  to  any  such  part,  or  parcel.,  the.i>of  so  formerly  inhabited." 

The  boundaries  of  the  grants  to  Sir  William  Alexander,  in  lO^Jl,  and  to  the  Duke  of 
York,  in  Um,  and  of  the  Charter  of  MaswchuMlU'  Hay,  in  1691,  extend  to  the  Gulf 
and  River  SL  Lawrence,  and  to  Iho  main  Ka  northward  and  ea.,tward.  In  Mitchell'. 
Map,  published  in  1733,  with  the  countenance  of  the  Hoard  of  Trade,  Nova  Scotia  and 
New  England  are  both  distinctly  designated,  and  made  to  extend  to  the  River  St. 
Lawrence.  Under  the  last  designation  are  included  the  Old  Province  of  Maine,  ac- 
cording  to  its  ancient  boundaries,  and  the  Province  of  Sagadahook,  (Duke  of  York's 
Grant,)  lying  between  Nova  Scotia  and  Maine,  and  bounded  on  the  NorUi  by  the 
Said  River  St  Lav  .ence. 

It  is  therefore  evident,  that  at  no  time  were  any  territories  excepted  by  Great  Hrl- 
auii  from  the  grant,  imued  under  her  authority,  but  such  as  had  been  actuaJh 
occupied  and  inhabited  by  rome  other  European  Power,  prior  to  Uie  year  I6«0,  or 
.uch  as  might  be  recognised  by  treaty  stipulation,  to  belong  to  another  naUon;  'and 
that  the  chartered  boundaries  of  Ma.«achu»t-lta'  Hay,  at  the  time  of  Ihe  ce.wion  of 
Canada  to  Great  Britain,  extended,  without  any  re«;rvation,  to  the  banks  of  U.e  River 
St  Lawrence. 

The  soundness  of  Ihosc  principles,  and  the  justice  of  the  Hritish  claim  to  that  ex- 
tent, though  Uiey  would  be  contested  in  a  discussion  where  France  waa  a  parly,  can- 
not be  called  in  question  lictween  the  United  States  and  Groat  Hritain. 

Admitting  the  claim  of  France  to  that  part  of  the  country  to  have  iK^en  founded  in 
jusUce,  and  Uie  Fief  of  Madawaska  to  have  Inx-n  a  possession  unquestionably  Canadian, 
from  the  date  of  the  Grant  to  the  final  cession  of  Canada  to  Greal  Hritain,  tiie  question 
whether  that  concession,  and  the  presumed  right  of  France  to  the  territory  on  the 
River  St  John,  affected  the  chartered  boundaries  of  Mas.,arl.usetts'  Hay,  is  altogether 
irrelevant  to  the  point  at  issue  between  the  two  Powers. 

After  the  cession  of  Canada  by  France,  Great  Hritain  h.id  the  undoubted  right, 
in  erectmt,  new  Governments  out  of  that  Province,  to  alter  il.s  boun.larie.H,  and  to  an- 
nex to  her  ancient  colonies  such  ,)aits  as  she  might  think  proiw-r,  of  Uic  former  acknow- 
ledgcd  dominions  of  France.     That  this  did  actually  take  place,  is  proved  by  the  order 


m 


•pect  waa  |iaii| 
lei  •<lo|itO(l  iu 
•il  :u\  Novom- 
•!  of  the  Now 
y,  iH'antod  on 

ica,  lying  and 

locUal  line  to 

in  IcuKth  of 

L'tt  to  MCa." 

"  Provided 
litters  PatunI 
<phubUtd  hy 

I  Ihn  Charter 

niendcd  and 
lera  pateni, 
ate  Majesty 
»  Prince  or 
Krandruther 
;d." 

the  Duke  of 
to  the  Uulf 
1  Mitchell's 
a  Scotia  and 
0  Kiver  St. 
Maine,  ac- 
B  of  York's 
>rUi  by  the 

Great  Hrl- 
in  actual  Is 
ir  I6U0,  or 
lation;  and 

ccsition  of 
rUie  River 

to  that  ex- 
wrty,  can- 
founded  it) 
Canadiaui 
c  question 
)ry  on  the 
altogetJicr 

ited  riglit, 
ind  to  an- 
r  ucknow- 
tlie  order 

VritU-n  Kri 


31 

in  Council,  of  \uKuit   17*i«  '       i     i 

th.  43th  degree  of  North  lilll^t'twl'l' P  """""""'  ^"" '""  "'  '^'^  »'»"«  ^^  "'  "••'— 

it  i"  provided  ..  a,.t  nothing  herein  CZ'^.     TTT  "'  "''"  ^'''^  ""•'  <i"«'»-'' 

of  Hi-  Majesty.,  now  sub^t,,  h  aingZL;!:  ",    "  ^■'"""' '"  •""""' "'«  J-P^"^'- 

ti.«  l.n.l,  on  th,.  South  ,ide  of   hi,'  IJ  JTT       "'"'"T'*'  '"'"'  °"  """«'  P«rUi  of 

the  p-rt  of  the  Crown  of  olt  ^    l^^tlT'"  "^  "'"'  ""'  ""'  '"V"'"'  ".' 

new  subject,  who  had  ohUnned  conceit.  .      n'T"?  l"  "'"  '"""'' '"  •"— "  "f  ""- 

«1  by  the  Crown.  (,,.,)  ""««^-"«"'  -"I  ".mle  actuni  settlement,  on  lan.l.  disput- 

l-en  uni„,.n,pte<lly  he|.,,  „,■  u..   /Vr//;,  ^ t^"? 'TriJ*'*^''" '*''-'"'-''^i«-t-".  «nd 
The  f.ef  of  Madawa^ka  was  held  o     he  f3  °*^  ^"'"  ''"'"'"'"  "'  Q"^'bec. 

it  appears,  accordingly,  U.at  whil.,t  F  a         , !,:":^'^^'-^"';!';?'  ''^  «  ''-"•'  t-urc;  and 
year  .73(i,  the  various  act.  pertaining  to  thn  !'        '""'"''••  »"'' ""  '"««  «»  the 

statement  of  ,he  contents  a^l  I  Hp  ^    .     u"'?"' :""'  "-  "'""'  "^  '-'«>  -«•  '.on.age, 
payment  of  the  fn.e  of  alienatio      n  m  I:^  ^^T''^''  "  ^-"'^^''-^  «"<! 
French  (irantces,  who  .sided  in  Canada    n   he  .^rof'th'T  ""'T''''-'-"^  "X  'ho 
Not  a  .single  act  of  that  natun;,  without  n,!    T     ?  """■  '^'-  ^^vrence.  (/) 

onc.ch.ienationofthepro,.rtyat\.r 

government  of  Canada,  hy  any  of  the  Jlriii.h  u         f*'^""""^''  '"  '•'lotion  to  the 

.on  Of  that  Province toO^reatkLtt^r:^^^^^^^^ 

held  .mmed:::;r^r::rg:t' t;:"rr""^^"'^^^ 

and  homage  on  accession  to  th    Lignt^^^^ 

thereof,  by  sale  or  otherwise,  excerfnhe^.IT''  ""'  '"  ^''  '•^•'"'  "'•  «  '-"f- 
-nt  of  a  cuint,  or  the  «fth  part  ft  e  wh^^rcr""""'  "  ""  ■^""^•'^' '«  ^^<=  W 
the  purchasc-r  immediately,  entitled  him  to  the  ha,  ?  '^''T'- ""  ""^'''  '*"  ^ •"'  ''y 
qu.„t     7:».,.«,,«„  ,,,,,  prevails.^  ^JjilTLr^''^^^^^ 

Z>«m«y?./,>,/e«,„  of  the  General  Hospital  of  Queb'^^  ""^  ''"''''  '*"»''''« 

m  tHeyear  1791,  for  a  fief  situated  on  ^aJ' L^^J  V''  ^'-■""'•"'  ^^'''^  •"«'  ^--ge 
ne.  of  the  BriUsh  Province  of  Cana.la   (/)  ^"-^'nce,  within  the  bounda- 

been  considered  as  heinglLldf^mCW^'^:^^^^^^ 

"•ded  hy  the  F«.nch  Government   an.l  It  11  .        ''  '"  "^^  ""'  "^  'he  fief,  con 

or  the  British  Province,  whir'  an  ex  Zt^  "  "^J  ^•^'"  "^  '--^'-ri: 
).-r.ption.  («,)  N„,  ,,,  „  .  evidence  eeaUduceT^r'"  ''""'*^'''  '^"'-«™Phic.l 
hy  the  Government  of  the  P^vince  ofql^ZtTj  V*'"^''-"  ""^^  °^  >-..lic.tio„. 
havmg  any  refe,x.nce  to  it.  No  other  e vid  -n^e  hal  t^"""  T'"^  ''''  ""'  ««'•'  «"• 
quent  to  the  year  .  7C.,  in  any  way  rela  ing  o  tJ,  " ''""  .'"■"''"'='^'''  "^  ^  '^'^  «ub«3- 
^md  deeds  of  sale  of  the  profn-rty  ^  ^oncess.on,  than  U,c  various  le««.s 

(0  Written  Rvi.lence  SoSh'.Ju':'^"'^''"- 

(")  noucLette.  pa^  n       iir'  ""';"  ''''''-'"•■  "-  '^to  19. 


si-- 


II 


32 


I  ii>t  inM|iMiiawu' <,(ruinenls  having  been  recorded  in  tho  Province  of  Quebec  or  Canada;  viz:  four 
leases,  dated  respectively  in  the  years  1768,  — 74,  — 82,  — 86,  in  what  is  called  the  Re- 
(rister's  Office  of  Quebec,  and  the  deeds  of  sale,  bearing  date,  July  1763  (prior  to  the 
King's  Proclamation  of  October,  1703,)  and  June  and  August,  1802,  (subsequent  to  the 
treaty  of  1783,)  in  the  offices  of  public  notaries  of  the  same  city. 

It  was  quite  natural,  that  the  lessees  and  grantees,  all  of  them  inhabitants  of  Canada, 
sliould,  in  order  to  preserve  the  evidence  of  their  title  deeds,  have  had  them  recorded 
by  those  inferior  officers,  neither  of  whom  was  competent  judge  of  what  were  thi» 
limits  of  the  Province.  Hut  there  was  a  sufficient  reason  why  those  several  instru- 
ments should  have  been  thus  recorded.  Every  one,  whether  lease  or  deed  of  sale,, 
included  not  only  tlie  ficf  of  Madawaska,  but  also,  other  much  more  valuable  lands, 
situate  within  the  acknowledged  boundaries  of  the  British  Province  of  Quebec. 

The  deed  of  July,  17c3,  from  the  last  French  owner  to  General  Murray,  includes, 
1st,  the  fief  of  Madawaska,  on  the  river  of  the  same  name,  situate  near  the  River  St. 
John,  togetlier  with  the  Lake  Temiscouata  adjacent  thereto,  (y  joignant,)  containing 
three  leagues  in  front,  on  each  side  of  the  river  of  the  same  name,  by  two  leagues  in 
depth,  not  being  able  to  declare  positively  tlie  extent  of  tiie  Lake  Temiscouata:  2dly, 
the  seigncurie  of  the  River  du  Loup,  situate  on  the  South  side  of  the  River  St.  Law- 
rence, containing  seven  leagues  and  half,  or  thereabout,  in  front,  on  an  average  depth 
of  more  than  two  leagues,  (.r) 

The  deed  of  August,  1802,  from  H.  Caldwell  to  A.  Frasc,  the  present  claimant, 
as  well  as  the  three  leases  to  Malcolm  Fraser,  are  for  the  same  property,  and  six  thou- 
sand acres  in  addition,  situate  on  the  waters  of  the  River  St.  Lawrence,  behind  the 
seigneurie  of  River  du  Loup,  which  had  been  granted  in  1766  to  Richard  Murray  by 
the  British  government  of  Quebec.     The  whole  is  sold  to  Fraser  for  jE  1 766  sterling. 

The  lease  of  1774,  and  the  deed  of  sale  from  the  executors  of  General  Murray  to 
H.  Caldwell,  dated  June  1802,  embrace,  in  addition  to  the  above  mentioned  properties, 
the  seigneurie  of  Lauzon  on  River  Chaudiere,  that  of  Foucault  on  Lake  Champlain,  the 
fief  of  St  Foi  at  Sillery,  the  mansion-house  and  lands  of  St.  Bruit,  a  house  in  the  city 
of  Quebec,  &c. ;  the  whole  being  sold  for  ^610,000  sterling,  (y) 

It  is  also  stated,  in  the  document  No.  21,  British  Evidence,  that  the  deposition  of 
George  Allsopp,  (dated  7th  September,  1804,)  tli<  Register  by  whom  was  recorded  the 
lease  of  the  year  1774,  from  General  Murray  to  H.  Caldwell,  is  "taken  at  the  request 
of  Henry  Caldwell,  Esq. ,  to  be  used  in  the  causes  to  be  heard  and  tried  before  the 
honorable  the  Circuit  Court  of  the  United  States  next  to  be  holden  at  Rutland,  withm 
and  for  the  District  of  Vermont,  on  the  3d  day  of  October  next  ensuing,  in' which 
causes  Henry  Caldwell,  Esq.  is  Plaintiff:"  And  we  find  the  explanation  of  this  ap- 
parent anomaly  in  Bouchettc'a  Topographical  Description,  (r)  where,  speaking  of  the 
seigneurie  of  Foucault,  he  informs  us  that  »'  The  line  of  boundary  between  Lower 
Canada  and  the  United  States  (the  45th  ]>arallcl  of  North  latitude)  runs  through  this 
seigniory,  whereby  great  part  of  it  is  placed  within  the  State  of  Verhiont." 

Thus  we  have  it  in  proof,  1st,  that  in  prescribing  the  Soutiicrn  boundary  of  the 
British  Province  of  Quebec,  (now  Lower  Canada,)  no  regard  was  paid  to  the  situation 
,of  the  ancient  French  grants,  and  whether  they  fell  on  one  side  or  the  other  of  the 
line — 2dly,  that  French  concessions,  known  to  be  without  the  acknowledged  bounda- 
lies  of  that  province,  were  nevertheless  admitted  to  be  recorde3  by  the  officers  hold- 
ing theit  offices  at  Quebec. 


(*)  Written  Evidence,  No.  58,  and  British  Evidence,  No.  20.     Fortlir  extent  of  the  fief  of  Madawas- 
ka, see  Note  (A)  at  the  end  of  this  Statement. 

(;/)  Written  Evidence,  No.  5R,  and  Britinh  Evidence,  2\  to  2.'). 
(i)  Bouchette,  page  188.     M'ritlcn  Evidence,  No.  4.1. 


93 


Evun  had  this  not  been  the  case,  it  would  have  been  preposterous  to  say,  that  acts  Fief  ofMndawa,. 
of  an  inferior  officer  of  tiie  city  of  Quebec  could  have  been  known  to  the  framers  of         "" 
the  treaty  of  1783,  have  had  any  influence  on  their  proceedings,  or  can  in  any  degree 
affect  the  boundarjr  csiu'uiished,  cither  by  the  public  acts  of  Great  Britain,  or  by  the 
treaty  of  17S3. 

Yet,  it  is  on  tiie  fact  alone  of  the  leases  and  deeds  of  sale  having  been  recorded  at 
Quebec,  in  the  manner  and  under  the  circumstances  which  have  now  been  explained; 
on  no  oilier  evidence  whatever,  and  in  the  face  of  contradictory  evidence;  that  the; 
structure  has  been  erected,  in  tiie  British  Statement,  of  an  extensive  Possession,  in- 
contestably  Canadian,  held  by  virtue  of  rights  derived  to  Great  Britain,  far  within  the 
pretended  boundary  of  the  Province  of  Massachusetts'  Bay,  which  has  always  formed 
«n  integral  portion  of  Canada,  and  which,  preserving  its  individuality  under  the  origi- 
nal grant,  has  constantly  been  suliject  to  tlie  jurisdiction  of  Canada. 

Without  pretending  to  understand  precisely  the  meaning  of  some  of  the  conclud- 
ing remarks  of  the  SUitement,  on  that  branch  of  the  subject,  it  may  be  observed,  that 
after  having  assumed  that  the  Fief  of  Madawaska  was  "within  the  Boundaries  of  the 
British  Province  of  Canada,  it  is  inferred,  that  "assuming  this  to  be  the  case,  it  is 
manifest  tl^at  the  American  lino  must,  at  ti.e  point  towards  the  source  of  the  Mad- 
awaska, experience,  an  absolute  chasm ;  a  complete  interception,  by  the  interposition 
of  Canada." 

"  But  how  (it  is  added)  would  such  a  line  fulfil  the  conditions  of  the  treaty?  It 
would  certainly,  in  that  case,  neither  run  along  highlands,  nor  would  it  divide  rivers 
falling  into  the  St.  Lawrence  from  rivers  falling  into  the  ^Itlantic;  since  the  up- 
per part  of  the  Madawaska  would  undoubtedly  be  on  the  same  line  with  all  the  rivers 
which  fall  into  the  St.  Lawrence." 

No  better  reason  can  certainly  he  assigned,  than  this  last  quotation,  to  shew  that 
the  Fief  of  Madawaska  cannot,  in  conformity  either  with  the  treaty  of  1783,  or  the 
proclamation  of  1763,  be  within  the  Boundaries  of  Canada. 

If  those  remarks  were  intended,  (though  still  excluding  the  River  St.  John,)  as  the 
view  taken  by  the  British  Government,  of  the  conditions  which  necessarily  attach  to 
the  Boundary  line,  in  order  to  fulfil  the  conditions  of  the  treaty;  it  is  tantamount  to 
an  abandonment  of  the  case,  since  the  line  claimed  by  Great  Britain  does  not  certain- 
ly, through  the  greater  part  of  its  extent,  divide  the  rivers  falling  into  the  River  Si. 
Lawrence  from  any  other  rivers  whatever. 

If  intended  only,  as  that  view  of  the  subject  which  is  taken  by  the  United  States, 
ils  correctness  cannot  lie  impeached  on  any  other  ground,  than  that  to  which  Great 
Hritain  is  always  compelled  ultimately  to  resort;  namely,  denying  that  it  is  necessa- 
ry, in  order  to  fulfil  the  conditions  of  the  treaty,  that  the  line  should,  from  the  North- 
west angle  of  Nova  Scotia  to  the  head  of  the  Connecticut  River,  divide  rivers  fall- 
ing into  the  St.  Lawrence  from  liivM-s  falling  into  the  Atlantic. 

The  other  alleged  acts  of  jurisdiction  by  the  Government  of  Canada,  over  the  con- 
tested (erritory,  are,  with  a  single  exception,  of  a  date  posterior  to  the  treaty  of  1783, 
and  will  be  examined  in  the  section  of  this  Statement,  where  a  general  view  will  he 
taken  of  the  acts  of  both  parties,  in  relation  to  that  territory,  since  the  year  1783. 

The  only  act  of  a  prior  date,  which  has  been  adduced  iii  evidence,  consists  of  a  ,„j,,„,  u,„„,„t 
notice  from  the  Secretary's  Office,  dated  19th  January,  17(J5,  and  inserted  in  the 
Quebec  Gazette  of  the  2'ltli  of  the  same  month. 

This  was  founded  on  the  petition  of  an  Indian  tribe,  called  Maricittes,  complain- 
ing that  the  inliabitants  of  Canada  hunted  beaver,  on  lands  lielonging  to  tliem,  which 
extended  from  the  Great  Falls  of  the  River  St.  John  to  Temiscouata,  a  space  of  about 
twenty  leagues,  including  the  River  du  Loup,  (rt)and  that  of  Madawaska,  which  emp- 


f  r 


(a)  Thii  is  a  ilisiincl  river  from  that  of  tlie  snme  name  wliicli  falls  into  the  Hivcr  St.  Lawiciice. 
r 


94 


i'.ittn  (iroiindi, 


1y  tliL-msolvcs  into  tiic  River  St.  Jolin;  wIict..  i!.c  Fixiidi  i.ad  at  aH  times  been  forl.i.l- 
(Icn  to  hunt  beaver,  that  privilcRC  [ccUr  c/u,.:-se)  l-.avinR  ulwavs  l;ccn  reserved  to  thr 
M.id  Indiana.  And  the  notice  is  accordingly  y;ivvn  that  (he  privilecic  prayed  for  l)v 
li^e  said  Indians,  (to  wil:  the  renewal  of  the  order  forhidding  the  inhabitants  of  Oanii- 
da  to  hunt  on  their  grounds,)  would  he  allowed  and  conllrmed  to  them,  unlc.s,i  jusi 
cause  could  be  shewn  to  the  contrary.  (A) 

When  the  question  was  to  quiet  Indians  in  the  vicinity  of  his  Provin-c,  a  Hritish 
«;ovcrnor  might  have  been  justified  in  not  strictly  altendinR  to  Houndaries  runnin- 
:icross  a  country  jet  in  their  possession.  Hut,  in  this  instance,  fhe  Governor  ofQue- 
IV.-c  (lid  not  overstep  the  limits  of  his  lesitiniale  authority.  The  order,  if  it  ever  was 
issued,  applied  only  to  the  white  inhabitants  of  Canada,  residing  within  the  acknow- 
!eti-ed  Boundaries  of  his  Province:  and  he  had  a  ri-ht  to  forbid  //,eir  huntins  "»  I"- 
diaii  grounds,  though  situate  beyond  those  Boundaries. 

To  arg-je  from  such  ai.  order,  that  the  River  St.  John  was  within  the  limits  of 
Canada,  would  be  just  as  ra.lonal,  as  to  insist  that  China  is  part  of  the  dominions  ot 
Great  Britain,  because  she  forbids  her  subjects  generally  to  trade  to  that  country. 

It  may  be  further  observed,  that  the  iirotection  of  the  Indians  was  one  of  the  spe- 
cial objects  of  the  Proclamation  of  1163.  Amongst  other  i)rovisions  to  that  efl'cct,  it 
is  "provided,  that  every  person  who  may  incline  to  trade  with  the  .said  Indians,  do 
take  out  a  license  for  carrying  on  such  trade,  from  the  Governor  or  Commander  in 
Chief  of  any  of  our  colonies  respectively,  to/,ere  such  person  shall  reside."  Whence 
it  clearly  appears  that  the  powers  given  to  the  Governors,  in  relation  to  Indian  ailairs, 
n-crc  to  be  exercised,  with  respect  to  white  inhabitants,  in  reference  to  their  place  of 
residence,  and  not  to  that  of  the  Indians. 


i   ■ 

:  'I  : 

^    .■  :■ 

1  • 


»Uiif  Bf  SI.  Law 
rente. 


§  5. 

Objections  relnttve  to  the  Gulf  of  St.  Lawrence. 

The  arguments  by  which  it  has  been  shewn,  that  the  framcrsof  the  treaty  of  1783, 
had  no  intention  to  assign  to  each  Power  the  whole  of  the  rivers  which  have  Uieir 
mouth  within  Uieir  dominions  respectively;  and  that  the  term  '•  rivers  which  fidl  into 
the  Atlantic  Ocean,"'  considered  alone,  embraces  tlwsc  which  fall  into  the  inlet.s  of 
that  Ocean,  apply  with  equal  force,  to  the  Gulf  of  St.  Lawrence  and  to  the  Hay  of 
Fundy.  -^ 

The  facta,  that  the  River  Ristigouchc  empties  itself  into  thcGulf  of  St.  Lawrence 
through  the  Bay  des  Chaleuis,  and  that  its  mouth  lies  far  East  of  the  meridian  of  the 
sx)un;e  of  the  River  St.  Croix,  are  evidently  irrelevant  to  any  quesli'in  al  issue. 

The  mention,  in  another  article  of  the  treaty,  of  the  Gulf  of  St.  Lawrence  by 
its  specilic  name,  affords  another  proof,  thai  that  inlet  is  always  held  to  he  a  part  of 
I  lie  Atlantic  Ocean. 

The  provision  alluded  to  is  in  the  following  words:  ••  that  the  people  of  the  Uiutctl 
States  shall  continue  to  enjoy  unmolested  the  right  to  lake  lish  of  every  kind,  on  the 
(irand  Bank,  and  on  all  tjie  other  Banks  of  Newfoundland:  also  in  the  Gulf  of  St. 
Lawrence,  and  at  all  othei-  jjlaces  in  the  Sea,  when-  the  inhabitants  of  both  countries 
used  at  any  time  heretofore  to  lish." 

The  Gulf  of  St  Lawrence  is,  in  that  clause,  ;is,similatwl  lo  the  Banksof  Newfound- 
land; holh  being  declared  to  be  jjlaees  in  the  Sea;  and  what  Sea  uas  meant  cannot  be 
doubted,  unless  it  should  be  denied  that  the  Banks  of  Newfoundland  are  in  the  At- 
Janlic  Ocean. 


'J>)  Wii'toti  r.\ilcncp,  No.  5<),  ai-l  lln'i>li  |-.viiloiicf,  So.  '^H. 


95 

i.c  acts  nn.l  othc-r  d..cun,.nt.,  an,,  shewing  ,1,,,,  both  in  its  i;encral  sense  and  usual  ao-        '"'^"• 
ceptation,  the  term  "  Atlantic  Occitn,"  is  always  so  undtistood. 

Amongst  other  proofs,  we  wlZv  mo.-c  partic.Iarly  to  those  drawn  from  the  mnt 
o  xNova  Scotia  to  Sir  William  Alx...vander,  from  the  commissions  of  the  Governors 
ot  Nova  Sct.tia,  New  Urunswick,  the  Province  of  Quehec  and  Canada,  and  from  the 
provision  respeclinK  captures  in  the  treaty  between  Great  Uritain  and  France  of  178'^ 
And  we  will  now,  in  order  to  remove  any  possible  doubt  on  the  subject,  examine 
im.re  closdy  an  instance  which  had  only  been  adverted  to,  and  where  U.e  mcaniuu- 
and  elPecl  ol   the  ex[)ics.sions  used  were  considered  with  deliberate  attention. 

In  the  first  project  of  a  treaty,  which  was  p,.  sented  by  the  American  Plenipoten- 
l.anes,  in  the  course  of  the  negotiation  at  Ghe:.t,  a  j.rovision  was,  as  ustml,  inserted 
lor  the  limitation  of  cai.tures  subsequent  to  the  signina;  of  the  treaty.  The  clause 
which  api,ears  to  have  been  borrowed  from  that  wliich  had  been  agreed  to,  between 
Great  Untain  and  France,  in  1783,  was  in  the  following  words,  viz-  "that  the 
vessels  and  effects  which  may  be  taken  in  the  Channel,  and  in  the  North  Seas,  after 

the  space  ol from  that  of  the  sif^nalure  hereof,  shall  be  restored  on  each  side- 

that  the  term  shall  be  from  (he  Channel  and  the  North  Seas  to  the  Canary 

Islands  inclusively,  xchclher  in  the  Ocean  or  the  Meclilo-ranean:  of from 

the  said  Canary  Islands  to  the  equinoctial  line  or  equator,  r.:-.;'  of in  all  other 

parts  of  the  world,  without  excepli,,  ,."     This  provision  was  at  first  ag,-eed  to  by  the 
Uritish  Plenipotentiaries,  with  a  verbal  amendment  as  to  the  Mediterranean,  and  sub- 
•ituting  the  words  "from  the  period  of  the  exchange  of  the  ratifications"  to  "that  of 
the  signature"  of  the  treaty. 

It  having  been,  at  the  same  time,  proposed  by  the  British  Plenipotentiaries,  that 
.he  ralilications  should  be  exchanged  at  Washingt.n,  it  was  perceived  riiat  the  limita- 
tion ol  captures  ought  to  be  shorter  on  the  American  than  on  the  European  coasts 

And  accordingly  they  proposed,  at  a  subsequent  conference,  the  followinc  'ub- 
slttirte:  (f)  * 

"That  all  vessels  and  eflbcts  which  may  be  taken,  after  the  space  of  twelve  days 
Imm  ,he  period  of  the  exchange  of  the  said  ratifications,  upon  all  parts  of  the  coast  of 
-North  America,  from  the  latitu.Ie  of  -U  degrees  north  to  the  latitude  of  47  degrees 
north,  and  as  far  eastward  in  the  Atlantic  Ocean  as  the  (i5th  degree  of  west  longitude. 

Iron,  the  meridian  of  Greenwich,  shall  be  restored  on  each  side. That  the  tern, 

>hall  be  thirty  days  in  all  other  parts  of  the  Atlantic  Ocean,  as  far  eastward  as  the 
entrance  of  the  Hritisb  Channel,  and  southward  as  far  as  the  equinoctial  line  or  equa- 
tor; and  the  same  time  for  the  Gulf  of  Mexico  and  all  parts  of  the  West  Indies 

Forty  days  for  the  Hritisb  Channel  and  the  North  Seas:  the  .same  time  for  all 

par  s  of  the  Mediterranean And  one  hundred  and  liftv  davs  for  all  other  part>. 

ol  the  world,  without  eScejjtion."  " 

The  wonis  used  in  reference  to  the  period  of  twelve  davs,  vi/.:  "upon  all  parts  of 
the  coasts  of  North  America."  embrace,  of  curse,  all  the  adjacent  Hays  and  Gulfs  as 
t.u-  north  as  the  latitude  of  -17  degrees.  Hut  it  will  bo  seen,  l.v  referring  to  anv 
.nap,(</)  that  that  parallel  of  latitude  touches  the  northern  extremities  of  the  Islands 
of  f  ape  nreton  and  St.  John,  k.u  ing,  south  of  it,  a  very  small  j.ortion  onlv  of  the 
«;ult  o  St.  Lawrence.  Almost  the  whole  of  that  gulf,  (including  the  entrance  o.  the 
nver  ol  the  same  name,  the  Straits  of  Hellisle,  and  those  which  lie  between  Cane 
Hay,  ol  Newfoundland,  and  the  North  Cape  of  Cape  Hrelon.)  lies  north  of  that  hti- 
tude,  and  is  not,  therefore,  included  within  the  provision  limiting  the  captuns  to  twelve 
<lavs. 


(<-)  Sec  |)rojcl  ofriviity  anil  I'rr' 
■il)  S-i-  M.ip  A  iiii'i  priiiteJ  Maji 


.1  of  U.o  fonlcrcco  of  1st  Dec.  1814._Writtc.i  K^idencr,  Vo.^f. 


1^11 


96 


tiiM  nf  81.  Law 

li'tlCO. 


The  Gulf  is  not  included  iit  tlic  forty  days'  provision,  which  applies  only  to  tlw 
British  Channel,  the  North  Seas  and  the  Mediterranean.  And  it  must,  Uicrefore, 
have  been  necessarily  comprehended  in  the  term  of  thirty  days,  which  extends  to  all 
other  purls  of  the  Atlantic  Ocean  as  far  castas  the  British  Channel,  and  south  as  the 
Equator;  unless  it  should  be  supposed  to  have  been  included  in  the  term  of  "  150  days 
for  all  other  parts  of  the  world  without  exception:"  and  this  supposition  is  untenable. 

The  Gulf  of  St.  Lawrence,  particularly  the  Straits  above  inenlioned  and  the  entrance 
of  the  River  St.  Lawrence,  are  the  hijijhway,  and  form  the  only  outlets  for  the  whole 
trade  between  Gieat  Britain  and  Quebec;  a  trade  which  was,  at  that  time,  carried  on 
exclusively  in  British  vessels.  To  In  ve,  therefore,  included  that  gulf  within  the  term  of 
150  days,  would  have  been  tantamount  to  a  permission  to  the  American  armed  vessels 
and  privateers,  coming  from  ports  within  fourteen  days  sail  of  the  entrance  of  the  gulf, 
CO  intercept  and  capture,  without  any  difficulty  and  with  impunity,  the  whole  of  thai 
trade,  during  the  space  of  more  than  four  months.  This  is  too  absurd  to  have  been 
intended  by  the  British  Plenipotentiaries:  and  what  proves,  beyond  doubt,  that  such 
was  not  their  intention,  is,  that  the  period  for  allowing  captures  in  the  gulf  was  ulti- 
mately made  not  longer  hwi  s/iortcr  than  thirty  days:  which  was  effected,  by  extend- 
ing the  period  of  twelve  days  «  upon  all  parts  of  the  coast  of  North  America,"  as  far 
north  as  the  latitude  of  50  degrees,  (c) 

It  must  also  be  observed,  that  the  British  Plenipotentiaries,  in  making  that  proposal 
(of  the  1st  December,  1814),  had  duly  attended  to  the  propriety  of  specifying,  by  their 
distinct  names,  those  ouUets  or  seas  respecting  which  there  might  be' some  doubt; 
and  which,  from  long  and  common  usage,  might  bo  considered  as  not  included  within 
the  term  «  Atlantic  Ocean. "  Amongst  others,  "  the  Gulf  of  Mexico  and  all  parts  of 
the  West  Indies"  were  distinctly  specified,  as  coming  within  the  term  of  thirty  days; 
and  the  Gulf  of  St.  Lawrence  was  not  named,  it  being  perfectly  well  understood,' 
that  it  was  of  course  included  in  the  term  "all  other  parts  of  the  Atlantic  Ocean." 

It  cannot,  therefore,  be  doubted,  that  the  rivers  which  fall  into  the  Gulf  of  St.  Law- 
rence, are  clearly  embraced  by  the  term,  "Rivers  that  fall  into  the  Atlantic  Ocean;" 
thnt  the  North-west  Angle  of  Nova  Scotia  and  the  boundary  line,  extending  thence 
weslwardly,  designated  in  the  treaty  as  being  "on  and  along  the  Highlands  which 
divide  the  rivers  that  empty  themselves  into  the  River  St.  Lawrence,  from  tho.sc 
which  fall  into  the  Atlantic  Ocean,"  may,  in  strict  conformity  with  that  provision, 
be  equally  placed  on  and  along  highlands  dividing  the  tributary  streams  of  the  River 
St.  Lawrence,  either  from  those  of  the  River  Ristigouehe,  or  from  those  of  the  River 
St.  John;  and  that,  whether  it  shall  be  on  the  one  or  on  the  other,  depends  on  the  place 
where  the  due.  north  line  from  the  source  of  the  River  St.  Croix  meets  the  Highlands 
in  which  the  tributary  streams  of  the  River  St.  Lawrence  have  their  source;  since 
such  Highlands  alone  can  divide  the  rivers  that  empty  themselves  into  the  River  St. 
Lawrence,  from  those  which  fall  into  the  Atlantic  Ocean. 

There  is  but  one  circumstance  which,  though  not  adverted  to  in  the  British  State- 
ment, may  give  rise  to  an  objection,  and  makes  a  difference  in  the  argument.^  derived 
from  tlie  intentions  of  the  parties,  ^s  applied  to  the  Ristigouehe  and  to  the  St.  John. 

It  is  known  by  the  last  surveys,  ,is  exhibited  in  the  map  A,  that  the  due  north  line 
docs  not  reach  the  Highlands,  in  whicl«  the  tributary  streams  of  the  River  St.  Lawrence 
have  their  source,  until  after  having  crossed  several  branches  of  the  Ristigouehe.  The 
termination  of  that  line,  or  North-west  Angle  of  Nova  Scotia  has,  therefore,  in  strict 
■conformity  with  the  express  terms  of  the  treaty,  been  found  to  lie  on  the  highlands 
which  divide  those  branches  from  the  rivers  that  empty  themstdves  into  the  River  St. 
r<awrcnce. 


(«1  Trialy  ofiilioiit,  Art.  Jil — Wilttcn  Kiiilcncc,  .\<).  1. 


'  as  far 


37 

The  position  of  tliat  point  was  distinctly  determined  by  the  terms  of  the  treaty :  «»••' «'  •'•  u* , 
but  It  was  impossible  that  the  precise  spot  of  ground  where  thst  angle  would  be        ""*' 
found,  could  be  ascertained  before  the  due  north  line  had  been  actually  surveyed 
\nd  It  appears  that,  misled  by  an  error  in  Mitchell's  Map,  the  framers  of  the  treaty 
of  1783  may  well  have  believed,  that  the  due  north  line  would  not  cross  any  branch 
of  any  of  the  rivers  that  fall  into  the  Gulf  of  St.  Lawrence,  and  that  the  North-west 
Angle  of  Nova  ScoUa  would  be  found  on  the  ilighlands  which  divide  the  tributary 
streams  of  the  River  St  Lawrence  from  those  of  the  St  John. 

The  most  favorable  inference  to  the  British  claim,  that  can  be  drawn  from  the  crro- 
neous  opinion  of  the  negoUators  on  that  point,  is  founded  on  the  double  supposiUon, 
1st  That  they  did  not  perceive,  that  the  definition  of  highland!,  which  they  adopted 
in  the  treaty,  would  embrace,  should  they  happen  to  be  misUken  in  their  opinion,  the 
case  which  has  actually  taken  pltce;  2dly.  That  they  did  intend  to  aDot,  at  all  events 
the  whole  of  the  rivers  falling  into  the  Gulf  of  St  Lawrence  to  Great  Britain,  and 
that,  had  they  known  that  the  due  north  line  would  cross  the  Ristigouche,  before  it 
reached  the  highlands  in  which  the  tributary  streams  of  the  River  St  Lawrence  have 
then  sources,  they  would  have  fixed  the  termination  of  that  line,  and  the  North-west 
angle  of  Nova  Scotia,  on  the  highlands  which  divide  the  watem  of  the  Ristiitouche 
from  those  of  the  St  John;  and  would  have  defined  the  boundary  line,  as  extending 
thence,  along  the  highlands  which  divide  the  rivers  that  empty  thcmselve.,  either  in. 
to  the  Gulf  or  into  the  River  St  Lawrence,  from  those  which  fall  into  the  Atlantic 
Ocean. 

It  is  iierefore  evident,  that  a  construction  of  the  treaty,  conforming  with  that  pre. 
•umed  intention,  is  the  utmost  extent  of  what  may  j>ossibly  be  claimed  by  Great  Brit 
ain,  under  color  of  the  erroneous  opinion,  entertained  by  the  negotiator.,  respecUn^ 
the  length  of  the  most  westerly  branches  of  the  Ristigouche. 

But  the  most  westerly  sources  of  a  river  that  falls  into  the  Gulf  of  St  Lawrence 
are  pUced,  in  Mitchell's  Map,  only  five  miles  east  of  the  due  North  line 

Those  sources  belong  in  fact  to  the  River  Ristigouche  which  empties  into  the  Bay 

Ues  Chakurs,  although  Mitchell  has  erroneously  laid  them  down  as  being  those  of  the 

River  Miramich.  which  he  desi,.ates  by  the  name  of  Ristigouchi,  andL  made  he 

rue  Ristigouche  much  too  short.     But  those  diflerenees  do  not  aflect  the  question    k 

!::rGrfr  ,:;:::r  °^ '-''  '"^"  -^ '"--  -^^  -'-'  "■••^^^  ^-^^^-  ^--^ 

It  may  therefore,  with  equal  or  greater  probability,  be  presumed,  that  the  framers 
of  the  treaty  though  believing  that  this  line  would  „o.  crossit  rive;  were lffiere„" 
lyaware  that  since  the  interior  part  of  the  country  had  not  been  explored,  reliant 
^uld  not  be  placed,  at  least  within  five  or  ten  miles,  on  the  ,K,.siti«„s  as  igned  by 
Witchell  to  water  courses  and  other  places  in  the  interior.     And  on  that  sup^s'tio,f 

north  line  of^river  aforesaid,  the  term.  ««d  in  the  treaty  would  be  adopted,  with 
a  perfect  apprehension  of  their  ellect  on  the  co«tingency,  if  it  should  take  pLo 

It  may  atao  be  observed,  that  the  negotiators  could  not  have  attached  much  im^r- 
Unce  to  tte  foet  whether  the  due  North  line  would  interact,  or  p..  we.^  of  U  r . 
vers  which  fall  into  the  Gulf.of  St  Lawrence;  since  th..  cireumsCce  could  not  affe  f 
the  extent  of  territory  fdling  to  the  share  of  the  two  powers  respeetivelv 

All  Uiose  suppositions,  on  eiU»er  side,  rest  on  mere  conjectures.    It  i;  probable  that- 
the  framers  of  Uie  treaty  enterUiiied  the  erroneous  l^lief,  tiiat  the  due  NorUi  line 
would  not  cross  Uie  River  Ristigouche.     All  that  is  well  ascertained  is.  that,  contrary  to 
hat  probable  cxpecution,  the  North-West  angle  of  Nova  Scotia  hnslnH^n  found  on  the 
■  tihlands  which  divide  the  rivers  that  empty  themselves  into  Uie  River  St  Lawrence 
(n>m  .haM>  thnt  faU  into  the  Gdf  of  St  Lawrence,  instead  of  Uio5e  that  lall  into  the  Rl^ 


^35!SIffw'.73?SEiii«ir  ^^  ^ 


3vS 


;!l-; 


«.fo,^B..u*  ver  St  John;  andtf.=rt,  whether  on  the  one,  or  on  the  otl.ci-  of  those  two  hiRhluniN 
Uie  place,  where  thus  tound,  i).  clearly  embraced  by  the  express  terms  of  the  treaty 

Under  U.ose  circumstances  it  would  bo  contrary  to  justice  and  to  every  principle  cf 
sound  mterpi-etation,  t«  suhstitute.  to  (he  express  tcrn.sof  a  treaty,  presumed  intentionv 
not  proved,  but  only  mferrcd  from  an  erroneous  opinion  of  the  negotiators,  on  which 
they  may  or  may  not  have  acted,  and  on  whidi,  from  the  terms  used  in  the  treaty,  it 
must  be  presumed  they  did  not  act.  It  is  sufHcient  that  the  bi«hlaiM!,  which  divides 
the  tvaters  of  the  St.  John  from  tho.sc  of  the  RistiKouche.  is  no/,  and  that  the  IliKh- 
land,  which  divides  the  waters  of  the  RistiKouche  f.om  those  of  the  River  St  Law 
rence,  is  n  Highland  that  divides  an  Atlantic  River  from  one  that  empties  itself  into 
the  River  St.  Lawrence,   (f) 

"  The  first  general  maxim  of  interpretation  is,  that  il  is  not  permitted  to  interpret 
what  has  oo  need  of  interpretation." 

..  •. "'*'''°««w*»o  ''••^•'<-te  «r..^^.  a  clear  and  determinate  ar- 

^.cle,  are  accustomed  to  draw  their  vait  ..»-,...'  ..a  from  the  pretended  intention  an.l 

views  of  the  autlior  of  that  article.     .     .  tu-    ■  , 

„  ,   ,  •     .     i  his  IS  a  rule 

more  proper  to  repel  them,  and  which  cut.  off  ail  chicanery.  ^/,,,  ^^^  can  and 
ought  to  have  ea^lained  himself  clearly  and  plainly,  has  not  done  it  it  is 
loorse/orhim:  he  cannot  be  allowed  to  introduce  subsequent  restrictions,  which  he 
Has  not  expressed.^' 

•  .  •     :,  ;     •     •     •,     "  '^'"""^  «^'*"  ^  "«  secure  conventions,  no  firm  an.l  solid  con- 
ces.s,on,  il  these  may  be  rendered  vain  by  subsequent  limitations  that  ought  to  havi» 

p™"nrr '"  "" '"'''' ''"  '^'^  '^^"^  '"''"*^"^ '"  '^^  '"''"'^"'  "^ ""  ^'°«''-«"'"s 

The  cor.-ect  principles,  thus  hml  down  by  one  of  the  most  eminent  writers  on  the 
Law  of  .Nations,  may  jwrhaps  find  their  application  in  other  parts  «f  the  argument      In 
the  question  paiticularly  now  under  consideration,  it  is  sufficient  to  observe  that!  if  i, 
M  been  intended  by  the  treaty,  Umt  the  due  North  line  should  not  cmss  the  Ristigo... 
Che  and  that  the  ^orth-West  angle  of  Nova  ScoUa  should  not  be  placed  on  thaHigh. 
knds  which  divide  the  brandies  ol'  that  river  from  tlu.  tributary  streams  of  the  River 
5.U  Lawi-ence,  this  could  and  ought  to  have  been  explained  clearly  and  plainly  in  Uh; 
neuty  Itself;  and  tj^at  Great  Britain  having  not  done  it,  she  cannot^,  allov^d  "^i  cord 
Ztutrr'"^ '"*""'""  by  Vat.el,  to  introduce  any  ..strictions  orTmiZs 
that  ought  to  have  been  mentioned  in  the  treaty,  if  they  wen.  included  in  the  intention 
ot  the  Contracting  Powers. 

Treaty  tliat  he  whole  of  ,he  waters  of  the  Gulf  of  St.  awrence  should  fall  within  th* 
dominions  of  Great  Britain;  another  im,>ortant  conside..,tion  forbi.ls  any  claim,  on  the 
pai  t  .J  Great  Untun,  to  appeal  from  U.e  terms  oftlu...  treaty  to  thaso  intention. 

rhe  most  easterly  river,  which  falls  into  the  Bay  of  Passamaquoddy,  is  that  which, 
ui  Mitchell  s  Map,  is  .lesignated  by  the  name  of  St.  Croix.     The  xL  Indian  name 
•  Mag,.g..adavie     .s  given  to  it  in  Miq,  A.     The  westerly  river  called  "  Schoodie^'  is, 
.n  Mitcliell's  Map,  designated  by  the  name  of  Passumacadie  River. 

/'''=f:°'»n"'«ionersap,K,intedinpur.suanceofthe4thaiticleofthe  to 

decide  whidi  wa«  the  true  River  St.  Croix,  ha.l  before  them  the  whole  of  tife  evidenl-e! 


f/)     Vnlcit  .liouia  be-  i«.U.ed  that  the  ri.c™  IM  empty  tl,em«lve.  into  the  Ciulf  of  St   Lu»«n«. 


wo  highland.^ 
'  the  treaty, 
ry  principle  cf 
If  d  inlentionv 
Di's,  on  which 
the  tn-nty,  it 
rhich  divides 
hat  the  Iligii- 
ver  St.  Law- 
ties  itself  into 

d  to  interpret 


terminate  ar- 
intention  and 
This  is  a  rulf 
vAo  can  and 
ne  tV,  it  is 
IS,  to/tich  he 


id  solid  con- 
ght  to  have 
Contracting 

'iters  on  the 
ument.  In 
e  that,  if  it 
le  Ristigoii^ 
1  thaHigh* 
F  the  River 
linly  in  Ukj 
ed,  accord- 
limitations, 
;  intfentlonK 

niers  of  the 
within  th4 
im,  on  the 

IS. 

hilt  whieK, 
dian  name 
loodie"  is; 

9f  1 791,  to 
evidence, 


39 

n.!;uiV'.T"'   •''•'/'  r^  ''"'"''"'''  "^-P*'"'  thy.  framersof  the  treaty  ofl783a-.r.rB..u. 
3        f  m""  r;     ""    f''^'  ?••--'""«-     In  addition  to  the  depositions  of  Mr  ""^ ' 

J«y  and  of  Mr  Adan.s.  taken  at  that  time,  we  may  quote  Mr.  AdamsMetter  to  Li^.  ' 
(.overnor  Cushmg,  of  25lh  October,  1784. 

M  •.  I  m^  ^f  '^'''*"' ""'  **"■""«*'  "^^  ^^'^"''^  negotiation,  a  variety  of  map.,,  but  it  was 
M.tehe  1  .  Map  upon  which  was  marked  out  the  whole  of  the  boundary  1      so    the  U 
n.  ed  States;  and  the  River  St.  Croix  which  we  fixed  on.  was  upon  tha't  m"         e  nefrl 

to  St.  John's  should  be  the  iMHindary."  (A) 

Notwithstanding  that  clear  evidence;  although  the  easterly  river  i,  mo.t  distinctly 
..amedand  designated  a.  the  River  St.  Croix  in  Mitchell's  Map;  although  it  s  fromth  . 
source  of  that  same  river  that  Mitchell  has  drawn  the  due  north  li n'e.  forming 
Wes  ern  Roundary  of  Nova  Scotia  «,r  Sir  Wm.  Alexander's  Grant;)  although  the  fac 
t^t  that  map  had  regulated  the  proceedings  of  the  negotiators,  wasVully  acTnowl  dt 
e«;  ad  although, here  was  not  the  least  doubt  about  their  intentions;  yet  the  dec  sion 
waj^that,  accordtng  to  the  treaty,  the  Schoodic  or  Westerly  River  Jas  the  t^Z 

Thisdecision  was  made  too  by  an  American  citizen,  who  was  selected  as  Umpire  by 

tcaut  the  Zrrr  "'. "'"  '=«"-^''"'*"-^  •'-'^••^^  ^m^..  the  United  S^t^s 
because  the  River  St.  Cro.x,  being  no  other>vise  designated  in  tlK>  treaty  than  by  it 
utune,  or,  as  hav.ng  its  mouth  in  the  Bay  of  Fundy,  he  had  no  other  Tty    '  "    fo  „ 

mte:;;:c";::;;'"" ''''''  "'^^  "^"^"^  -^  ^'-^  ^-^-^  ^^uj..:zz 

It  was  conclusively  proved,  that  the  Island,  from  which  the  river  must  have  deriv 
..1  i.s  name,  and  to  wh.ch  the  first  discoverer  (De  Mont.s)  had  given  thatof  slcroix 
(/.•)  was  one  situated  within  and  some  dista,>ce  up  the  Schoodi.  And  the  Umphi  r' 
gued  that   a    Mj^    ,,  ^,,^,^  „^  ,  .^  ^.^^^^^   ^^^,^^^^^^^  ,h      nZMh: 

Island  o   S,^  Cro.x  should  be  found  to  be  situated,  his  mistake  must  be  corr^.ed   1^ 
«>ifld  not  affect  the  question.  Lorrecieci,  and 

»y  'hat  decision  the  United  States  have,  contrary  to  the  well  ascertained  intentions 
of  the  Iramers  of  the  treaty,  been  deprived  of  the  whole  territory    cont.inM  h!, 
the  Rivers  Magaguadavic  and  Schoodic,  and  between  the  two  Zdrr        Nort!; 
the   Highlands  from  Uie  sources  of  those  two  rivers  resnectivcfv    (/\  mn,.'  u 

three  thou.nd  a.-.d  eight  hund.d  s<p.are  smiles.      !:I:::!LVT2:S:^Z 
.urtherLen  to  deprive  then,  of  the  Island  of  Orand  Menan,  and  of  those  in  ^    Bay 
Fassamaq^K  ,H,  all ...  ,vhich  lie  west  of  a  line  drawn  from  Cape  Sable  to  the  mou  h  o 

:te:;N:':s:^'^'  -'''-'--  ^^^--r^enwithLhe  limits  ofzr 

!-^P^-'^^'^  "f  the  loss  of  territory,  the  I>oundary  thus  fixed  i.,  and  has  proved  to 
la,  .fended  w.th  as  much  U  not  more  inconvenience  and  danger,  either  in  time  oTiI  a  " 
or  of  war,  to  ,he  liujed  States,  than  can  possibly  ari.c  to  Great  Rritain  iVon  ;  ,' " 
of  that  now  in  question.  To  that  definitive  decision,  no  objection  was  or  c"  Id^L 
made:  nor  did  it  even  excite  any  complaint  against  the  respecUbIc  citi.erio  in 
making  t,  peilormcd  a  poinful  but  sacred  duty.     It  is  now  adverted  to     „^y  i    o^ 


t.  Lavcrencc 
liipruvid  in 


i.A)  Written  KvMmcc,  No.  2J,  page  :06.  '  ' 

(;')  Written  Kvidencr,  No.  36. 

277  umi  278.  Atchtmnu.     W  ,,ttan  KviJcncc,  No.  36,  papsj 

(0  Tl,c  line.  O  A  .„J  S  T  in  ll.e  American  T™„,cript  of  M.p  A.  - 


i 


40 

w«.  adopted  on  aformeroccaiion;  .n.l,  after  having  deckled,  at  one  time,  in  conforoi- 
J<y  w.f^  what  ^vai  deemed  the  true  meaning  of  the  terma  of  the  »i».ly,  and  in  direct 
opposition  to  Mitchells  Map,  and  to  the  clear  and  acknoxvledged  intentiona  of  the  ne 
goliatom,  to  BuhaUtuto,  in  thi.  eaae,  to  expreaa  terma  of  the  treaty,  tvhich  admit  of  no 
doubt,  •  conatnictioB  founded  on  a  more  than  doubtful  intention,  inferred  only  from  an 
error  in  that  Map.  '  \ 

The  queation  would  have  been  different,  had  the  error  induced  the  negotiators  to 
define  the  boundary  in  such  terms  as  would  have  rendered  it  impossible  to  execute  the 
treaty  according  to  iu  tenor. 

This  is  not  a  hypothetical  case.  The  framenr  of  the  treaty,  misled  by  another  and 
more  faUl  error  in  Mitchell'.  Map,  defined  the  bounAry  frtfm  the  most  North-west- 
crn  point  of  the  Lake  of  the  Wood»,  as  being  "  on  a  due  West  courae  to  the  River  Mis- 
siswppi ."  It  wu  afterwards  ascertained,  that  such  line  would  pass  North  of  the  moat 
Northern  »>urees  of  that  Hiver,  and  that  its  length,  as  designated  by  the  treaty,  was 
therefore  indefinite. 

In  that  case,  as  the  treaty  could  not  be  executed,  it  became  necessary  to  provide  br 
a  new  negotiation  for  an  amicable  settlement  of  tlie  question.  No  such  difflculty  oc- 
ciirsm  the  ease  now  under  consideration,  because,  notwithstanding  the  crrtir  in  Mit- 
chell s  Nap,  and  whatever  may  have  been  the  belief  of  the  negotiators,  the  terms  of  the 
Treaty  cover  (he  contingency  which  has  taken  place,  and  can  be  executed  according  to 


ttitU.ntu 


$  6. 

Oifeetions  derived  from  the  tignifcatioH  of  the  term  ''Highlands." 

It  is  contended,  on  the  part  of  the  United  State*,  that  the  word  "  Highlands"  is.  ii, 
ite  general  «.nse,  an  indeterminate  and  relaUve  term;  that  the  property  of  dividing  the 
nvere  designated  by  the  Treaty,  i.  that  which  affixes  to  that  e.pr^ion  a  definite  and 
j.recisem«ning;  and  that,  indepeident  of  any  other  conaideration,  it  was  for  that  rea- 
son judio.ou.ly  fleeted,  in  reference  to  a.  unexplored  country,  as  applicable  to  any 
ground  along  which  the  line  dividing  those  rivers  ehould  be  found  to  ^«.     tZ^ 

TZ     A     T'""  ''"'•''r'^  -ertained  by  the  indispcn«ibleTondition  tS^ 
they  must  divide  certain  specified  rivers,  any  objection  derived  from  a  presumed  mean 

Because  the  Alps  divide  the  riven,  of  Italy  from  those  of  Germany  and  Prance-  be 

the  Allegheny  Mountains,  for  an  extent  of  several  hundred  miles,  divide  the  sooree. 
|rf  the  rivere  which  fall  into  the  Gulf  of  Mexico,  from  those  of  the  riven,  which  empty 
hemselves  into  the  mam  Atlantic  Oce«,;  it  seems  to  have  been  concluded  by  man/ 
.»»)  whose  opinion   was  founded  only  on  an  erroneous  analogy,  that  the  highland^ 


(«)  Among.1  other.,  the   Agrnt  of  tl.«  Unifcl  8l.t«  under  iIkj   i,h  .rticle  of. he  t«.tv  of  1794 
^llr.  8ull.v.„.)  „  quoted  by  the  Bri.l.h  Agrul  i„  the  co,.r«  of  ,h.  proc,^M„„  una^a^tiLlI' 
«.n.     M-8.'ho,.8rl,.nu»ofe,ten«,e.e.™„,..„„„.p„biU.Iyr:q.«i„,Jwltet^^^^^^^ 
'"l  "f '•"  '"- •fh"""'"  ••««  "  •-ei.r...  ofLnd,"  „d  ...  do.Lol'.pp  .,  to    .  e  In    Sri 

•n.  rrmx      ^  0,.  .,,h«,g,,  he  .eem,  .o  I,,,  c  confounded  "  higl.f.n.:,"  „  i„,  ..  „h,„,.|„.,..  ,„,,  ,„  h^* 


«t 


be- 


vvhi«li  .l.vulc  the  nvti.,  that,  in  the  territory  in  queMlon,  flow  in  opposite  direction,.  »i.i,..,.a, 
must  also  bo  .x  continuous  chain  otconspicnous  mouutaiuH,  soaring  above  all  the  adjacent 
country.  But  nature  is  not  so  unilbrm  in  her  works,  as  the  tendency  of  the  human 
mm.l  to  gcncrahze  would  make  her;  facts  will  overset  systems  formed  before  they^ 
hadh  unascertained:  and  the  ridges  which  divide  the  s<.urces  of  the  Uiver  St  John 
from  the  tributary  streams  o<-  cither  the  River  St.  Lawrence  or  the  Penobsrof,  as 
those  which  separate  the  Borysthcncs  and  the  Volga  from  the  Uwina  and  the  Neva, 
though  they  may  not  have  thocharuclei-  of  conspicuous  mountains,  are  not  the  less  em- 
braced by  the  general  expression  of  "  highlands"  which  divide  those  rivers  re- 
spertively. 

It  appears  to  have  been  now  ascertained,  that  there  Is  not,  East  of  the  source!  of  the 
Chaudicrc,  any  continuous  and  conspicuous  chain  of  mountains.  The  ridges  run  in 
various  directions;  their  course  being  generally  parallel  to  that  of  the  rivers,  instead  of 
dividing  them  from  each  other  at  their  .sources;  And  a  new  definition  of  the  tinn 
"Highlands"  is  now  suggested,  as  being  apparently  belter  adapted  to  the  ground 
over  which  the  British  lino  must  pass. 

It  is  asscrUid,  on  the  part  of  Great  Britain,  that  that  term  implies  /ti/ffi,  i.  e.  e/eva- 
ted,  lands;  or,  in  other  words,  a  generally  elevated  and  mountainous  tract  of  country  ■ 
It  not  bemg  neccs,sary,  however,  that  those  highlands  should  present  an  absolutely  un- 
broken and  continuous  ri.lgc,  without  the  intervention  of  valley  or  swamp. 

This  definition  is  so  vague,  that  if  adopted  it  would  only  open  a  new  field  for  dis- 
cushion,  there  being  no  precise  criterion  by  which  to  judge  whether  the  line  claimed 
by  either  party  has  the  general  elevation  required,  and  passes  along,  or  near,  a  sufficient 
number  ol  mountains,  and  through  no  more  than  its  due  proportion  of  valleys  and 
swamps.  ' 

It  will  accordingly  be  found,  that,  whilst  the  notion  of  a  conUnuous  and  conspicuous 
chain  is  abandoned,  so  far  as  relates  to  the  line  claimed  on  the  part  of  Great  Britain 
she  continues  to  require,  that  there  should  not  be  found  in  the  dividing  highlands 
claimed   by  the  United  Stales,  any  of  those  depressions,  valleys  and  swamps,  which 
are  admitted  by  the  meaning  she  attaches  to  the  term  <<  Highlands." 

If  it  is  intended  to  divest  this  presumed  mountainous  country  of  the  character  of 
dividing  the  rivers  prescribed  by  the  treaty,  the  pretended  definition  is  not  merely  an 
explanation  of  the  term,  but  a  substitution  of  the  words,  "a  generally  mountainous 
country,"  to  the  express  terms  of  the  treaty,  "the  Highlands  which  .livide  the 
rivers,"  &c. 

If  it  is  intended  to  preserve  the  conditions  prescribed  by  the  treaty,  the  supposition 
that  the  boundary  lino  must  Iks  along  the  mountainous  country  which  divides  the 
nvcrn,  &c.  wouUl  be  of  no  avail  to  Great  Britain,  since  her  line  docs  not  divi.Ie  the 
nvers  designated  by  the  treaty.  And  this  double  condition  implies  contradiction 
since,  in  their  total  ignorance  of  the  nature  of  the  irilorvening  country,  it  was  impos- 
sible lor  the  negotiators  to  divine,  whether  a  line,  divi.ling  the  rivers  specified  by  (ho 
treaty,  would  also  be  found  to  extend  along  a  gencralh,  mounfainous  covntni 

Although  the  British  definition  is  totally  inapplicable  to  a  boundary  line,  an  exten- 
sive  district  of  country  generally  mountainous  may,   not  in  reference  to  such  a  line 
but  as  contradistinguishod  from  another  tract  of  country,  be  designated  with  propricty 


l)ccnemb,r™se.l  l,y  the  ,„f.>n.iati..n.  (correct  or  erroneous.)  il.u  the  l.lgl.land,  .lc.i(;natc,I  l,y  ,l,c  treaty 
«-ere  not  „  cl.ain  of  conspicuous  mountain.,  tlmt  circumstance  .11.1  not  prcve.,t  1,1,  formlnff  a  corr«t 
opunou  on  the  main  question,  an.l   rle.,ly  sreinff  that  tl.c  boun.Nry  line  mu,t,  acconlinff  to  ti.e  expre« 


lcri.13  oftlif  tr.-aty,  iie  alon^  the  sroun.1  which  ■livi.lej  tlie  river,  thr 


rem  spcciiied,  without  rcgani  to  it^ 


II  f 


'l\ 


nature  or  cha.^acter.     An.l  the  bouu.hry  i,  l.i.l  ,lo,vn  .ccordingly.  in  the^map  annexej  to  hi.  History  of 
the  niitnct  of  Maine.     (Topogr.  K\;.lcncp,  No.  3fi.) 


Ill 


49 


'•'«WMito.  [,y  t|,e  tiame  of  highlands.  Thus  tlio  Northern  part  of  Scotland  has  rectivcd  that  ap- 
pellation, in  order  to  distingnijih  it  from  the  Southern  part,  known  hy  the  name  oi 
Lowland!).  («)  Tliooo  Ilighlandii  roniprrhend  an  extenitivc  country,  nigged  and 
mountainonx,  intor.scnted  hy  rivers  and  valleys,  and  without  any  conspicuous  ridge 
dividing  the  rivers  that  flow  in  opposite  directions. 

If  Great  Hritain,  for  any  pur|)ose  whatever,  thought  it  proper  to  divide  that  Northern 
part  of  Scotland  into  two  districts;  and  the  line,  intended  to  div^ide  those  districts,  was. 
described  only  as  running  generally  along  the  Highlands,  it  would  bo  altogether  in- 
defniile  and  unintelligible.  Hut  if  the  line  was  defined  as  being,  from  the  Northern 
sources  of  Loch  Fine,  along  the  Highlands  which  divide  the  rivers  that  empty  them- 
selves into  the  German  Sea,  from  those  which  fall  into  the  main  Atlantic  Ocean,  to 
Duncansby  Head;  there  is  no  Engineer,  or  Surveyor,  appointed  to  survey  the  same, 
who  would  hesitate,  without  regard  to  the  position  of  the  most  conspicuous  and  eleva- 
ted mountains,  to  leave,  through  the 'whole  extent  of  the  line,  from  Loch  Fine  to 
Duncansby  Head,  the  sources  of  all  the  rivers  that  fall  into  the  German  Sea,  on  hii» 
right  hand,  and,  on  his  left,  the  sources  of  all  those  that  fall  into  the  main  Atlantic 
Ocean.  And  in  that  course  he  would  necessarily  cross  the  summit  level,  which  sepa- 
rates Loch  Oich  from  Loch  Eil,  the  elevation  of  which  is  only  94  feetalmve  the  level 
of  the  Sea;  (o)  since,  by  pursuing  any  other  course,  he  must,  contrary  to  the  definition 
of  the  line,  cross  one  of  the  waters  to  be  divided;  and  without  gaining  any  thing  in 
point  of  elevation,  since  whichever  of  the  Lochs  or  waters  he  would  thus  cross,  must 
necessarily  be  lower  than  the  summit  level,  which  divides  one  from  the  other. 

In  the  same  manner,  the  boundary  iine  lietwecn  the  United  States  and  Great  Drilain 
would  have  been  altogether  indefinite  and  unintelligible,  if  described  only  as  running 
generally  along  the  highlands,  or  across  a  mountainous  country.  And  since  it  is  de- 
fined, as  extending  along  the  highlands  which  divide  the  rivers  designated  in  the  trea- 
ty, it  must  necessarily,  through  its  whole  extent,  leave  on  each  hand  respectively  the 
sources  of  the  rivers  thus  directed  to  be  divided:  since  it  could  not  pursue  any  other 
course,  otherwise  than  by  crossing  one  of  those  rivers,  and  be  there  at  a  place  less  ele- 
vated than  the  dividing  ridge;  which  for  that  very  reason,  and  without  regard  to  its 
absolute  elevation,  is  justly  entitled  to  the  relative  appellation  of  "Highlands." 

Hcsides  Scotland,  there  is  another  instance  of  the  word  •<  Highlands  "  being  used, 
not  as  a  generic  term,  but  as  the  special  appellation  of  a  particular  country  or  spot. 

The  chain,  known  in  Virginia  by  the  name  of  Blue  Ridge,  extends  from  the  bor- 
ders of  North  Carolina  to  those  of  the  State  of  Connecticut.  It  assumes  the  various 
names  of  South  Mountain,  Flying  and  Oley  Hills  in  Pennsylvania.  "  In  New  Jer- 
sey, it  is  called  Misca[)ctcung,  and  in  New  York  the  Highlands."  (p)  The  river 
Hudson  breaks  through  the  mountains  at  that  place:  the  tide  flows  through  and  far 
above  "that  extraordinary  and  very  singular  passage:"  and  it  is  in  reference  to  the 
much  lower  banks  of  the  river  above  and  below,  that  the  portion  of  the  chain  which 
borders  upon  it  has  received  that  name.  It  is  here,  as  in  every  other  instance,  used 
as  a  relative  term,  since  it  is  not  applied  to  any  other  portion  of  the  chain. 

But  the  supposition,  in  the  British  Statement,  that  the  name  of  "  height  of  land,'" 
Hiven  to  that  portion  of  the  highlands  which  divides  the  waters  of  the  Connecticut  and 
of  the  Kennebec  from  those  of  the  St.  Lawrence,  instead  of  being  a  generic  term,  was 
a  distinctive  and  special  appellation  particularly  applicable  to  that  portion,  is  altogclhrr 
erroneous. 


(n)  Written  Evidence,  No.  39. 
fa)  Supplement  to  Kncyclorxdia  Hr/ann'!  a— Written  Kridenco,  Nn.  39. 
fp)  I'nwnnll,  pag«a  ?7  an  I  II — Written  F.videnrc,  No.  40. 


4a 


It  U  as.tcrtcd  that  tliia  hciji^ht  of  land  lia<l  been  <l(<ii;nbo(l  in  many  puhlic  ilocvimcnU,    iiiuiamih 
as  (lividin)^  the  rivers  aforesaid,  to  tho  VVt-st  of  thu  nourcu.i  of  the  Uivur  St.  John  and 
of  the  Western  head  of  the  I'eiiobicot.  (q) 

The  only  puhlic  duRiinicntN  prior  tu  the  year  178.1,  in  which  that  "hoiKhtof  land" 
had  been  dejtcribcd,  arc  tho  Proclamation  of  170.1,  the  Quebec  Act  of  1774,  and  tha 
('omnii.ti'ioii.'i  of  the  (lovernors  of  the  Province  of  Quebec.  It  was  there  dcscribid, 
not  by  that  name,  but  by  thiit  of  "  llinhliind!*:  "  and  this  term,  which  is  used  in  re- 
fcrcnce  to  thi!  Southern  bountlary  of  Caniidu,  is  not  applied  exclusively,  in  those  pub- 
lic documents,  to  the  Mmnll  portion  alluded  to  in  the  Uri'ish  SialeuiBiit,  but  to  the  wholf 
of  the  Hiifhlantl.t  which  extend  from  the  Connecticut  River  to  the  Hay  dcs  Chaleurs. 
The  only  colorable  authority  for  tho  allegation  is  Uiat  of  Governor  Pownall.  He 
says  that  the  Connecticut  Kivcrunfi  the  River  Kennebec  rise  on  the  •'Height  of  Land," 

in  North  Latitude  45"   10' and  4.5"  ao' respectively;  that  "a  range 

, crosses  the  Kast  boundary  line  in  New  Hampsliire,  in  latitude 

481°,  and  trending  North-east  forms  the  Height  of  Lanil  between  Kennebec  and 
Chaudiere  Rivers;"  to  which  he  adds,  "of  the  nature  and  course  of  this  highland  1 
am  totally  uninformed; "  and  thot  "  all  the  heads  of  Kennebec,  Penobscot  and  Passa- 
n  aquada  Rivers  ore  in  the  Height  of  Land,  running  Eaat-north'tast." 

Whence  it  seems  to  be  inferred,  not  only  tiial  thi-  portion  of  the  dividing  highland* 
in  which  the  rivers  Kennebec  and  Connecticut  have  their  sources,  was,  prior  to  the 
treaty  of  17S3,  emphatically  called  "  the  Height  of  Land  ;"  but  that  an  Eastern  con- 
tinuation of  those  Hightbnds,  in  which  continuation,  tributary  streams  of  the  Kenne- 
bec, and  the  rivers  Penobscot  and  Paiwamaquoddy  (the  Schoodic)  had  their  sources,  was 
also  known  to  Governor  Pownall,  and  considered  by  him  as  the  same  heiglit  of  land. 
Governor  Pownall  had  collected  many  facts,  and  relates  them  faithfully  :  and  he 
carefully  distinguishes  his  knowledge,  when  derived  from  surveys  or  actual  explora- 
tions communicated  to  him,  or  made  under  his  own  direction,  from  the  vague  and  of- 
ten incorrect  information  he  might  have  received  in  relation  toother  partsof  the  coun- 
try, respecting  which  he  previously  declares  himself  to  be  uninformed. 

It  will  be  found  by  bis  own  account,  (r)  that  his  knowledge  extended,  on  the  Ken- 
nebec, no  higher  up  than  the  branch  now  called  Dead  River,  and  on  the  Penobscot 
than  the  River  Matawamkeg,  and  that  he  wa»  also  well  acquainted  with  the  Passama- 
qiiada,  or  Schoodiac  River,  which  he  describes  with  considerable  correctness,  from  the 
Schoodiac  Lakes,  to  its  mouth  in  the  Bay  of  Passamaquoddy. 

A  nearly  straight  line  drawn,  on  Map  A,  from  the  Schootlic  Inkes  to  tho  source  of 
the  Dead  River,  will  shew  the  northern  limit  of  his  actual  knowledge  in  that  quarter. 
Tliat  line,  through  its  whole  extent,  is  from  50  tc  60  miles  south  of  the  British  line, 
and  of  «'  the  height  of  the  land  running  east-north  east,"  in  which  arc  to  be  found  all 
the  heads  of  Penobscot  and  Kennebec  rivers. 

Respecting  the  nature  and  course  of  the  highland,  beyond  the  source  of  the  Dead 
River,  whether  cxH.nding  North-eastwardly  to  the  Bay  des  Chaleurs  and  the  Gulf  of 
St.  Lawrence,  or  br!.nching  oil"  Kast-north- east  to  the  source  of  the  Passamaquoddy 
Hivcr,  he  was,  a.s  he  .says,  totally  uninformed. 

But  he  knew  from  all  the  maps  then  published,  including  that  of  Mitchell,  that  the 
River  St.  John  penetrated  in  the  country  Westwardly,  so  as  to  have  some  of  its  sources 
opposite  those  of  the  Chaudiere  and  within  less  than  40  miles  of  the  River  St.  Law- 
rence. And,  although  without  any  correct  information  respecting  the  nature  of 
lilher  o(  the  dividing  grounds,  and  with  very  little  concerning  their  course,  he  was 
clearly  assured,  that  two  dividing  ridges  must  be  found  ;  one  extending  to  the  Bay 


.  (q)  nritith  Stalemrnt,  ptfre  St. 
(r)  Sec  Note  D  «t  the  end  of  this  Stttcment. 


44 

"'I'"""'''  tli'i  ChalcuM,  which  divided  the  Northrrn  Iribiilary  utreamn  of  the  Hivcr  St.  John 
from  tho  iivi>ri  thnt  fnll  into  iho  Kivrr  Nt,  Lnwrcnco  ;  and  another  cxtemling  Ui  tho 
lourccit  of  ihi!  FuN.iniDaqiindii  Hivcr,  whirh  divided  the  Southern  trihtilAry  strcnm^  of 
tho  Si.  John  from  the;  nuurccx  uf  tho  variuu<i  branches  of  thu  I'enohwtot,  and  perhaps 
of  the  Kimnohon. 

Ilodu.trribe*  iho  fir^tdtvidini;  rid|i;o  (pnffc  f),)  ax  mountain*,  which,  in  tho  latituda 
4S  or  Ihercahouls,  (that  ia  to  »ay  aliout  tho  source  of  the  DeutI  Hivcr,)  "  turning 
Kaittwardn  run  away  to  the  Gulf  of  St.  Lawrence  :"  and  attain  (pago  14)  in  tho  follow- 
ini(  word.t,  viz:  '<Uoini^  from  tho  Minio  line,  in  latitude  4.),  of  ttie  icrcatcitt  hcifiht  of 
thi.t  range  of  mounlainx,  and  following  them  to  the  Ka.it  northerly:  They  all  m<eni 
to  range  us  united  until  again  divided  by  the  Hay  of  Chalcur*,  nn  arm  of  the  Gulf  of 
St.  Lawrence.  All  the  rivers  which  have  their  Kourres  amid.tt  tho  Northern  ridge.t  of 
thii  great  range,  fall  into  Canada  or  St.  Lawrence  Hivcr,  ai  the  St.  Frannia,  Chaudicre, 
and  many  othcrt." 

And  he  dctcribes  tho  other  ridge  (page  14,)  as  tho  "  Southern  ridge.t,"  amidst 
which  those  rivers  have  their  sources  exclusively,  which  fall  into  the  Uuy  of  Fundy 
or  into  the  main  ocean;  and,  (page  iit,)  an  the  height  of  the  land,  running  l<]ast-nortl>- 
cast,  in  which  are  to  he  found  all  the  heads  of  Kennebec,  Fassamaquuddy  and  Penob- 
scot rivers. 

liut  Gov.  Pownall,  though  having  n  general  knowledge  of  the  |KMitinn,  of  both  the 
above  mentioned  diviiling  ridgcn  had  none  ( North-cast  and  Kast-norlh-east  of  the  sources 
of  Dead  River,)  of  their  nature  and  character,  with  tho  exc</|)tion  only  of  that  place, 
where  tho  river  I'nssamaquady  ha."!  its  sourc*,  which  ho  says  (page  80)  "  is  formed  by 
a  succession  of  lakes  and  swamps." 

It  is  iherforo  impossible  that  ho  should  have  intended,  by  tho  (crn>  ''  height  of 
land"  or  "  highland"  to  define  tho  nature  of  the  groimd  ;  or  that  ho  should  h.'.vo 
used  it,  as  the  special  or  local  name  of  any  particul.tr  highl.md  or  mountain.  Tho 
term  i<  clearly  used  by  him,  as  a  generic  expression,  and  in  reference  only  to  tho 
sources  of  rivers.  It  means  with  him  nothing  else  than  the  ground  which  divides 
rivers  flowing  in  different  directions,  whatever  may  bo- the  al)s«dute  elevation,  or  in 
other  respects,  tho  character  of  such  ground.  And  wc  will  now  give  abundani 
proof  that  such  is,  in  Canadian  and  New  Kngland  geography,  not  only  one  of  Ihi* 
significations,  but  the  sole  ami  exclusive  meaning  of  tlie  term  "  height  of  land  ;"  and 
that  the  other  expression,  "  highland.s,"  though  in  its  general  sense  applied  also  in 
cases  where  there  is  no  division  of  rivers,  is,  whenever  defined  by  the  adjunct //u'jV- 
ing,  always  used  as  synonymous  with   "height  of  land. " 

That  tho  terms  "height  of  land"  and '* highland"  are  used  as  synonymou:*,  is 
proved  beyond  doubt,  in  relation  to  that  very  part  of  the  dividing  highlands  dcscribod 
by  tho  treaty,  which  is  acknowledged  by  i)oth  Powers  to  he  part  of  tiicir  houiidary. 

Thus  Pownall  (page  17)  says,  "a  range  running  hcncr;  crosses  the  llast  bouiiilary 
lino  of  New  Hampshire  In  lat.  44),  and  trending  North-cast  forms  tho  /iris(/it  of  th' 
land  hotwecn  Kenei)acg  and  Chaiidicrc  rivers:  of  tho  nature  and  course  of  this  high 
land  ill  these  paris  I  am  totally  uninformed." 

Mr.  Houchette,  Surveyor  Gen.  of  Lower  Canada,  in  hisTopograpliical  Description 
of  that  Province,  in  reference  to  the  same  higldands,  which  he  expressly  ^tates  to  b> 
a  chain  that  "  cotnmence.iupon  the  Eastern  brunch  of  the  Connccficiii  Jlirer,  takes- 
a  North-euntcrly  coir"t.,  &{C.  and  terminates  near  Cape  Hosier,"  calls  them  "  the  ridg  : 
ifcnerally  denominated  tho  land's-hcii^ht,  dividiiiu;  llic  waters  that  fall  into  the  S(. 
Lawrence  from  those  taking  a  direclio.i  towards  tho  Atianii.'  Ocean."  (a)     Id  his 


(.»)  Oouclictlr,  pajte  25— llcilcsignalen  agtiin  tliat  ch:iiii  I'v  (he  nimr  uf  "  lifiglit  of  hm',"  pnpc  -'!!- 
Written  IMiU-nc,  No.  t1,  p^fr?  ".tn,  nt. 


15 

larifo  in«)>,  (No.  -10,)  he  KivAt  ili*i  imnin  of  ** heiffht  of  iund"  not  only  to  thi;  f(.imc  'ii«i'«"'i» 
ac  know  lid  i^iil    higlilantU,    but  aUo    to  llioso    in   the  vicinity   of  Luke  'renii»oouuta  j 
whiUt,in  hi«  topographicHJ  (IcHcriptiun,  (pone  333,)  he  »ay«  thai  the  Hivcr  (iu  Loup, 
which  has  ilM  Mourco  in  that  iiltMiticaJ  h<!i)(ht  of  land,  rises  in  the  hi/fh/andji. 

The  Southern  tmundary  of  the  I'rovinct!  ofQuelmo,  or  Lower  Canada,  i«,  in  every 
public  act  of  Great  Britain  which  dcitignates  it,  descrilxMl  as  being  along  the  hiffhtiinda 
which  divide,  <ltc.  Thi-  (Jommittee  of  the  Executive  l^oiincil  of  the  Province  of  Qiie- 
l)cc,  in  tlieif  report  of  August  1787,  Nfieaking  of  that  iMurutary,  call  it  ''Me  htighl  of 
land."  (/) 

Finally,  it  is  expresaly  acknawledgRil  in  Uih  Rriti"!"  Statement  itself,  that  1  he  distino- 
Urc  appellation  of  the  '*  height  f\f  land"  was  given  to  the  hiifhland.i  ncknowledged 
by  both  parties,  via:  those  ♦'dividing  the  wulers  tiiat  full  into  the  Atlantic  Ocean, 
from  those  which  full  into  the  River  St.  Lawrence  to  the  West  of  the  sources  of  tho 
Kiver  St.  John,  and  (of)  the  western  liead  of  the  Fenobw^ot."  Several  other  in- 
itanees  will  bo  given  of  tho  two  terms  bi-ing  used  as  synonymous,  as  we  proceed  to 
show  the  signification  of  the  term  "  height  of  land." 

Governor  Pownall  says,  (page  10,)  "The  Il'jdson'.s  River  arises  from  two  main 
sources  derived  by  two  branches  vvhich  meet  about  ten  miles  above  Albany,  (ho 
one  called  the  Mohawk's  River,  (rising  in  a  flat  level  tract  nfcnunlri/,  at  the  very 
top  ttr  height  of  the  land  to  westward,)  comes  away  Kai>tand  South-east  at  the  foot, 
on  the  North  sides  of  the  mountains,  which  the  Indians  call  by  a  name  signifying  the 
endless  mountains," 

In  this  instance,  the  appellation  of  tho  "  height  of  tho  land"  is  given,  not  to  the 
mountains,  the  basis  of  which  is  washed  by  the  river  in  its  further  course  East  and 
South-cast  from  its  source,  but  to  the  very  spot  in  which  the  Mohawk  River  takes  its 
source,  and  which  divides  it  from  the  sources  of  rivers  flowing  into  Lake  Ontario; 
and  that  height  of  the  land  is  cxjjrcssly  stated  to  bo  '<  a  flat  level  tract  of  country. " 

Again,  (page  13,)  "  Between  the  Northern  part  of  the  Hudson's  River,  and  tht> 
Southern  parts  of  the  Lakes  (i<)  and  drowned  land,  is  the  height  of  the  /«nrf  of  about 
12  or  M  miles  breadth,  whence  the  waters  run  different  ways,  part  to  the  South,  part 
to  the  North;  over  this  Portage  to  Lake  George  is  a  wagon  road. 

Across  this  very  height  of  land,  which  divides  the  waters  of  two  mighty  rivern, 
the  Hudson  and  the  St.  Lawrence,  tho  Canal  has  now  been  opened,  which  unites 
Hudson's  River  with  Lake  Cham|dain,  the  outlet  of  whicii  floivs  into  the  River  St. 
Lawrence;  and  that  height  of  land,  the  summit  level  of  the  Canal,  the;)w/j/  dc  par- 
(age,  is  only  117  feetabo\  the  level  of  tide  water,  as  will  be  seen  by  the  report  of  the 
(.'ommissioiier.s,  and  by  the  map  in  illustration  thereof,  (r) 

It  is  believed,  that  a  more  conclusive  proof  than  is  allbrded  by  the  two  last  quo- 
tations, cannot  be  adduced,  that  the  ap|)cilation  of  "  height  of  land"  is  given  only  in 
reference  to  the  division  of  waters,  and  not  in  the  least  to  the  character  and  elevation 
uf  the  ground. 

•  The  celebrated  British  traveller,  Sir  Alexander  McKenzie,  the  first  who,  from 
llie  River  St.  Lawrence,  penetrated  through  the  Continent  of  North  America,  both  to 
the  Arctic  and  to  the  Pacilic  Oceans,  has  prefixed  to  the  account  of  his  voyages,  a 
general  history  of  the  fur  trade  from  Canada  to  the  North-west.  He  describes,  with 
i;real  precision  and  correctness,  the  route  pursued  by  their  trader.s,  from  the  Junction 
gf  the  Ulawas  River  witii  the  Si.  Lawrence,  near  Montreal,  to  the  waters  of  the  great 


I 


(0  WiiUfn  F.videncr,  No.  39,  and  Uritlsli  Kvi.Icncc,  No.  M. 
(u)  Viz:  Ijikc  {;li;iiiij,l..lii  and  Lake  tlcoi^e.     'file  situation  of  tlic  ilrow lud  IuikI.^,  on  tlic  Ho\ith  Hay 
of  t.Mli.-  Cliiinipl^un,  (wliei-u  tin-  (an:.!  tirminiitca,)  may  l,c  seen  in  Uic  printi  a  ni.ips,  .\o8.  .-il,  53  and  .Sfi. 
(.r.)  Si'.-  Written  Kvidrnrc,  Xo.  +»,  and  TopotTiijih'eiil  K.M.len-.-e.  Xo.  J.V 


tt 


46 

"""""""•  Arctic,  or  McKenzie's  River.     Am!  he  designates  the  various  dividing  grounds  tra- 
versed  on  that  long  i  i»yage,  in  the  following  manner:  (w) 

Speaking  of  the  Portage,  from  the  source  of  the  Petiie  Uiviere,  a  tributary  of  the 
Utawas  River,  to  the  waters  of  the  French  River  which  empties  into  Lake  Huron,  he 
says,  "the  last  (Portage)  in  this  river  (Petite  Riviere)  is  the  Turtle  Portage,  eighty- 
three  paces,  on  entering  the  lake  of  that  name,  where,  indeed,  the  river  may  be  said 
«o  take  its  source.  From  the  first  vase  to  the  great  River,  the  country  has  the 
appearance  of  having  been  overrun  by  fire,  and  consists,  in  general,  of  huge  rocky 
hills.  The  distance  of  this  portage,  which  is  the  Imght  of  land  between  the  wa- 
ters of  the  St.  Lawrence  and  the  Utawas,  is  1513  paces  to  a  small  Canal  in  a  plain, 
that  is  just  sufficient  to  carry  the  loaded  canoe  about  one  mile  to  the  next  vase,  which 
is  725  paces." 

Alexander  Henry,  an  earlier  traveller,  who  passed  over  the  samo  dividing 
ground  in  the  year  1761,  gives  it  the  same  appellation,  {x)  '<  We  had  now  passed 
the  country,  of  which  the  streams  fall  North-eastward  into  the  Outaonais,  and  entered 
that  from  which  they  flow,  in  a  contrary  direction  toward  Lake  Huron.  On  one  side 
of  the  height  of  land,  which  is  the  reciprocal  boundary  of  these  regions,  we  had  left 
Lake  aux  Tourtres  and  the  River  Matawa;  (y)  and  before  us,  on  the  other,  was  Lako 
Nipisingue." 

McKenzie,  speaking  of  Lake  Superior,  says,  "This  Lake  may  be  denominator 
llie  grand  reservoir  of  the  River  St.  Lawrence,  as  no  considerable  rivers  discharge 

themselves  into  it Indeed,    (he    extent  of  country 

from  which  any  of  them  flow,  or  take  their  course  in  any  direction,  cannot  admit  of 
it,  i.T  consequence  ol  the  ridge  of  land  that  separates  them  from  the  rivers  that 
ompty  themselves  into  Hudson's  Hay,  the  Gulf  of  Mexico,  and  the  waters  that  fall  in 
Lake  Michigan." 

Henry,  n.ivigating  along  the  Northern  shore  of  Lake  Superior  in  the  year  1775,. 
says,  "  In  the  evening  we  encamped  at  the  mouth  of  the  Pitijic,  a  river  as  large  as 
that  of  Michipicoten,  and  which  in  like  manner  takes  its  rise  in  the  high  lande- 
lying  between  Lake  Superior  and  Hudson's  Hay.  From  Michipicoten  to  the  Pijitic,. 
the  coast  of  the  lake  is  mountainous:  the  mountains  are  covered  with  pine,  and  tJio 
valleys  with  spruce  fir." 

It  will  be  observed,  that  the  dividing  ground  which  separates  Uie  rivers  that  fall 
into  Lake  Superior,  from  those  that  empty  themselves  into  Hudson's  Bay,  which 
McKenzie  calls  the  ridge  of  land,  is  by  Henry  designated  by  the  name  of  high  lands; 
and  that  this  last  writer,  reserving  that  terra  for  the  dividing  ground,  gives  the  name 
of  mountains  to  the  coast  of  the  lake. 

McKenzie,  after  having  described  the  route  from  the  shores  of  Lake  Superior, 
about  forty  miles  to  the  North-west,  says,  "  From  hence  the  course  is  on  the  lake  of 
the  same  name,  {Perche)  West-south-west  three  miles  to  the  height  of  land  where 
the  waters  of  the  Dove  or  Pigeon  River  terminate,  and  which  is  one  of  the  sources 
of  the  great  St  Lawrence  in  this  direction.  Having  carried  the  canoe  and  lading  over 
it  679  paces,  they  embark  on  the  lake  of  Hauteur  de  Terre,  which  is  in  the  shape  of 
an  horse-shoe.  It  is  entered  near  the  curve,  and  left  at  the  extremity  of  the  Western 
limb,  through  a  very  narrow  channel,  where  the  canoe  passes  half  loaded  for  30  paces 
with  the  current,  which  conducts  these  waters  till  they  discharge  themselves  through 
the  succeeding  lakes  and  rivers,  and  disembogues  itself,  by  the  River  Nelson,  into 
Hudson's  Bay." 


(ui)  Written  Kviiiencc,  .\o.  41. 
(i)  Written  Evidenct-,  No.  42. 
(y)  Malawtt  .sipi,  the  Indian  nanw  of  Petite  Hiviore.  (Henry,  papc  27.)  Written  F.vidence,  No 


41 


Henry,  speaking  of  the  same  dividing  giwind  which  he  describes  as  achain  of  *f'i"'™i'- 
lakes,  says,  «  The  region  of  the  lakes  is  called  Ihe  Hauteur  de   7'erre,  or  land't 
height." 

Describing  Ihe  rivers  tiiat  empty  themselves  into  Lake  WinipiV,  McKenzie  says, 
"  those  on  the  North  side  are  inconsiderable,  owing  to  the  comparative  vicinity  of  the 
Mgh  land  that  separates  the  waters  coming  this  way  from  those  discharging  into  Hud- 
son's Bay. " 

Here  McKenzie  designates  the  dividinc;  ground  by  the  namo  of  high  land. 
Sometimes  he  calls  it  a  ridge;  when  he  speaks  afterwards  of  the  two  places  which 
divide  the  waters  of  the  River  Missinipi  from  those  of  Lake  VVinipic,  and  of 
McKenzie's  River  respectively,  he  uses,  as  synonymous,  the  \\o\A  portage,  (in  Eng- 
lish, carriage;}  (z)  which  last  designation  is  more  pariicularly  applied  to  the  route  or 
path  across  the  height  of  land,  along  which  the  canoes  are  carried  from  water  to  water. 
But  he  never  uses  the  term  height  of /and  itself,  except  for  the  purpose  of  designating 
the  ground  which  does  divide  the  rivers. 

Mr.  Bouchette,  besides  other  instances,  mentions  "another  and  higher  range  of 
mountains  that  forms  the  land's  height,  and  <lividcs  the  waters  that  empty  them- 
selves into  the  St.  Lawrence,  from  tliose  ihat  descend  into  Hudson's  Bay."  (a) 

And,  in  another  place,  (page  00,)  he  says,  "Between  it  (Lake  Michigan)  and 
Lake  Huron,  there  is  a  peninsula  that,  at  the  widest  part,  is  ir.O  miles,  along  whicli, 
and  round  the  bottom  of  Michigan,  runs  part  of  ihe  chain  forming  the  land's  he'^^ht 
to  the  Southward;  from  whence  descend  many  large  and  numerous  inferior  streams 
that  discharge  into  it.  On  the  North  side  of  Lake  Huron,  n-any  rivers  of  considera- 
ble size  run  from  the  land's  height  down  to  it.  One  of  them,  called  French  River 
communicates  with  Lake  Nipissing." 

This  last  land's  height  is  the  same  mentioned  by  McKenzie  and  Henry,  as 
dividing  the  waters  of  the  Utavvas  River  from  those  of  Lake  Huron.  That  to  the 
Southward  of  Lake  Michigan,  is  that  which  divides  its  waters  from  those  of  the 
Illinois  River,  a  tributary  of  the  Mississippi;  and  this  land's  height  is  a  swamp,  and 
at  one  place  a  pond,  which,  when  swelled  by  rains,  discharges  its  waters  both  ways, 
so  as  that  a  eanoe  may  then  pass,  without  being  carried  across,  from  Lake  Michigan 
into  the  Illinois  River.  (6) 

It  had  already  been  shewn^  that  the  term  "  highlands,"  taken  in  its  general  and 
indeterminate  sense,  was  well  adapted  to  the  purpose  of  designating,  in  the  most  gene- 
ral manner,  the  unexplored  ground  dividing  certain  sjiecified  river.s,  along  which  the 
boundary  line  described  in  the  treaty  was  intended  to  pass. 

The  only  objection  to  which  the  word  thus  .selected  was  liable,  was  not,  as  has 
been  suggested,  that  it  implied  a  great  absolute  elevation,  or  a  mountainous  country, 
but  that  the  term  might  then  have  been  omitted  altogether;  inasmuch  a*  the  boun- 
dary line  might  have  been  described,  merely  as  dividing  the  rivers  intended  to  be 
divided,  without  using  the  word  "  highlands." 

This  would  indeed  have  been  but  a  verbal  criticism,  since  the  condition  of  dividing 
the  rivei-s  was  sufficient  to  remove  any  doubt,  as  to  the  meaning  of  the  term  "high- 
lands which  divide  the  rivers,"  &c.  But  even  that  objection  is  now  conclusively 
refuted. 

It  has  now  been  most  clearly  shewn  that,  independent  of  its  general  sense,  the 
word  '*  highlands"  is,  in  commo:i,  and  as  synonymous  with  "height  of  land,"  a 
term  in  general  use  in  Canada,  and  in  New  England,  (c)  for  the  purpose  of  desig- 
nating, without  any  reference  to  its  elevation  or  nature,  any  sjiecies  of  ground  which 


•I 


(t)  Portage  />  'Ihiile  and  I'DHaKc  Im  ImIu.  MiKin/ic,  pages  93  ami  104.  Written  K\1dcncc,No.4t . 

(fl)  Hoiirhitto,  pnjTP'J'J.     Written  K>  iilcnce,  No.  41. 

(*>    See  Vote  to  I.;ike  Mlrhipiii,  In  priii'  d  Map.  No.  51. 


(1 


4» 

^  ""  '■  divides  rivers  flowing  in  diflerent  directions.  And' it  has  been  incontcstahly  proved, 
that  the  designation  of  *'  heig'tt  of  land  "  respecting  the  use  of  which  for  that  pur- 
pose exclusivtly,  there  can  be  no  doubt,  has  been  and  is  perpetually  applied  to  the 
very  highlands,  which  are  by  both  parties  acknowledged  to  be  part  of  those  described 
and  intended  by  the  treaty. 

The  appropriate  use  of  that  term,  in  the  treaty,  is  therefore  in  every  respect  in- 
disputable. And  it  must  also  be  recollected,  that  it  was  borrowed  from  the  Procla- 
mation of  1763,  and  other  public  acts  of  Great  Britain;  that  the  particular  use  of  the 
term  in  that  sense  is  of  Canadian  origin;  and  that  it  was  for  the  first  time  used, 
and  has  been  retained  in  subsequent  public  British  acts,  for  the  express  and  sole  pur- 
|>ose  of  defining  the  boundary  of  Canada. 

We  will  conclude  this  branch  of  the  subject,  by  adducing  a  conclusive  proof,  that 
ihe  term  *'  highlands,"  cannot  in  the  treaty, have  been  intended  to  imply  "agenerally 
mountainous  country." 

A  mountainous  country  is  actually  delineated  in  Mitchell's  Map,  commencing 
more  than  forty  miles  West  of  the  source  of  Mitchell's  River  St.  Croix,  and  of  the 
line  drawn  due  North  from  that  source.  That  mountainous  country  extends  to  the 
sources  of  the  Chaudiere,  consisting  of  several  ridges  or  mountains,  running  in  vari- 
ous directions,  and  one  of  them  extending  about  45  miles  along  the  line  now  claimed 
on  the  part  of  Great  Britain. 

On  the  other  hand,  there  is  not,  along  the  due  north  line,  nor  within  forty  miles 
of  it,  either  to  the  east  or  to  the  west,  a  trace,  on  the  map,  of  any  ridge,  or  even  of  a 
single  hill,  from  the  source  of  the  St.  Croix,  to  the  point  which  divides  the  northern 
sources  of  the  St.  John  from  those  of  the  tributary  streams  of  the  St.  Lawrence. 

It  is  therefore  evident,  that  if,  by  "  highlands,"  the  framers  of  the  treaty  of  1783 
iiad  meant  "a  mountainous  country,"  tiiey  would  have  given  to  the  Boundary  line 
the  direction  necessary,  in  order  that  it  should  meet  what  was  on  Mitchell's  Map  laid 
down  as  such,  and  must  necessarily  have  defined  that  line  as  running  from  the  source 
of  the  River  St.  Croix,. or  from  some  point  on  the  due  North  line,  IVeslwardly,  towards 
the  country  thus  delineated  on  the  map  as  mountainous. 

And  since,  with  tliat  map  before  them,  they  defined  the  Boundary  line  as  running 
due  North  from  the  source  of  the  River  St.  Croix,  to  the  highlands  which  divide  the 
rivers,  &c.  although  there  was  no  mountain  or  hill  delineated  in  the  map,  along  or 
near  any  part  of  such  due  North  line,  it  is  equally  clear  that,  by  the  "dividing  high- 
lands," where  that  line  was  to  terminate  and  form  the  North-west  angle  of  Nova  Scotia, 
tliey  could  only  have  meant  the  ground  in  which  the  rivers  that  empty  themselves 
into  the  River  St.  Lawrence  have  their  sources,  and  which  accordingly  divides  those 
rivers  from  those  that  fall  into  the  Atlantic  Ocean. 
Surveys.  It  is  manifest,  fro.ii  what  precedes,  that  the  United  States  consider  the  absolute 

elevation  and  mountainous  character  of  the  ground  through  whicii  the  lines  claimed  by 
each  party  do  respectively  pass,  as  questions  of  fact  unimportant  and  irrelevant.  Yet 
some  of  tiie  remarks  in  tiie  British  Statement,  connected  with  that  subject,  seem  to 
reqi'.ire  an  answer.  Referring,  for  details  and  proofs,  to  the  maps  and  reports  of  the 
Surveyors,  and  to  the  Note  C,  at  tl;e  end  of  this  Statement,  we  will  only  state  the  sub- 
stance of  what  ii  actually  known  in  that  respect. 

Tlie  line,  drawn  due  Nortii  from  tiie  source  of  tee  River  St.  Croix,  has  been 
actually  surveyed  to  tiie  point  A  of  map  A;  and  the  British  Surveyor,  Mr.  Bouchette, 
has  also  given  a  vertical  .section  of  tlic  line  as  fur  North  as  the  Ristigouchc.  As,  ac- 
cording to  the  claim  of  the  United  States,  their  lint-  along  the  higlilunds  was  traced  by 
nature,  it  was  unacessary  to  have  it  surveyed  until  the  Commissioners  had  made  a 
decision  with  .-espect  to  the  North-west  angle  of  Nova  Scotia;  and  no  more  Uian  six 
places  on  that  line  were  visited  by  the  Surveyors. 

(<•)  'I'lic  tcnn  •■* dividing  ridgr,"  is  tJiat  in  giMicral  use  in  all  the  otlii-r  parts  of  tllc  United  St»lcsi  and 

it  i^  used  in  tli'j  ^anu  m  ns  ■,  !ii|.|  without  rcpifd  to  llji-  i|iv:ili')n  'if  t\ii-  ridgr. 


»bly  proved, 
for  that  pur- 
)plied  to  the 
ise  described 

y  respect  in- 
I  the  Procla- 
ir  use  of  the 
:  time  used, 
ind  sole  pur- 

'e  proof,  that 
'  ageneraHy 

:ornmoncing 
,  and  of  the 
;tends  to  the 
ling  in  vari- 
low  claimed 

I  forty  miles 
or  even  of  a 
he  northern 
i^rence. 
eaty  of  1783 
undary  line 
I's  Map  laid 
ri  the  source 
l/y,  towards 

3  as  running 
>  divide  the 
ap,  along  or 
riding  high- 
S'ova  Scotia, 
themselves 
ivides  those 

(he  absolute 
claimed  by 
evant.  Vel 
ict,  Ri'cm  to 
lorts  of  tiie 
ate  the  sub- 

:,  has  been 
IJouchettc, 
2.  As,  ac- 
is  traced  by 
tad  made  a 
ore  than  six 


il  St»tcsi  am! 


4t> 

These  are,.  1.  The  North-west  angle  of  Nova  Scotia,  which  is  on  a  Ubie  land  of  s^veyi. 
considerable  elevation;  2,  The  Temiscouata  Portage,  where  the  line  is  found  along  a 
mountain  1 300  feet  above  the  level  of  the  sea;  3.  The  heads  of  the  West  branch  of  the 
Rivej^t.  John,  which  has  its  source  in  a  considerable  mountain;  4.  and  5.  The  two 
Rimousky  Portages  which  lie  East  of  the  Temiscouata  Portage:  in  both,  the  sources  of 
the  rivers  flowing  in  opposite  directions  take  their  rise  very  near  to  each  other,  in 
k»w  swampy  ground,  forming  a  deep  and  narrow  valley,  bound,  on  each  side,  by  ele- 
vated ridges  parallel  to  the  course  of  the  streams;  those  valleys  are  of  course  depres- 
sions or  gaps  of  the  highlands  of  which  those  ridges  arc  a  part;  6.  The  River  Ouelle'a 
PorUge,  South  of  the  Temiscouata,  of  the  same  character  with  the  two  preceding,  with 
this  difierence,  that  the  adjacent  ridges  are  much  lower. 

Since  it  is  asserted  by  Great  Britain,  that  the  «'  highlands"  must  be  elevated  and 
mountainous,  it  might  have  been  supposed  that  her  AgenU  would  have  surveyed  and 
taken  a  vertical  section  of  the  entire  line  claimed  on  her  part,  from  Mars'  Hill  to  the 
North-westernmost  source  of  the  Penobscot,  where  the  eonflicUng  lines  meet.  No 
portion  of  it,  however,  has  been  surveyed  :  three  places  only  along  it  have 
been  visited  by  the  Surveyors:  and,  notwithstanding  the  parade  of  a  large  folio 
volume  of  surveys,  there  is  amongst  them,  West  of  the  due  North  line,  but  one  British 
survei/  which  relates  to  their  line,  and  that  in  reference  to  a  single  point  of  it,  (d)  unless 
the  name  of  survey  be  given  to  what  is  called  Mr.  Campbell's  Sketch. 

The  three  points  visited  are,  1.  Mars'  Hill,  an  insulated  mount  1500  feet  above 
the  level  of  the  sea,  unconnected  with  any  other  ridge  or  hill;  2.  and  3.  The  Portage 
visited  by  Mr.  Loss,  situated  only  five  miles  East  of  the  point  where  the  conflicting 
lines  meet ;  and  the  Umbazucksus  or  Aliguash  Portage,  which  is  about  eighty  miles 
West  of  Mars'  Hill.  Both  these  are  of  the  same  character  with  the  River  Ouelle's 
Portage  on  the  American  line,  there  being  hardly  any  sensible  elevation  between  the 
sources  of  the  rivers  flowing  in  opposite  directions.  From  this  last  Portage  to  Mars' 
Hill,  no  part  of  the  British  line  has  been  surveyed,  travelled  over,  or  approached  any 
where,  except  at  its  two  extremities,  nearer  than  twenty  miles. 

Not  one  of  the  mountains,  delineated  along  the  British  line,  in  the  British  Trans- 
cript of  the  map  A,  has  been  visited  by  any  of  the  Surveyors.  The  only  knowledge 
of  the  mountainous  character  ascribed  to  that  part  of  the  country,  is  derived  from 
views  taken,  from  diflbrcnt  distant  points,  by  the  British  Surveyors,  Mr  Odell  and 
-Mr.  Campbell. 

The  substitution  of  those  views  to  actual  surveys  having  been  objected  to,  a  pro- 
position to  have  new  surveys  executed,  was  made  by  the  British  Commissioner,  whet, 
the  Board,  which  had  sat  for  near  five  years,  was  on  the  eve  of  terminating  its  labors. 
This  proposal,  made  after  years  of  explorations  in  search  of  highlands  by  the  British 
Surveyors,  at  the  joint  expense  of  the  two  Governments,  and  without  having  surveyed 
any  part  of  the  line  eiaimeil  on  the  part  of  Great  Britain,  was  of  course  rejected. 

It  was,  at  a  still  later  date,  proposed  by  the  British  Agent,  that  the  British  Sur- 
veyors should  be  examined  upon  oath.  This  proposal  was  with  equal  propriety 
rejected,  since  neither  were  their  survet/s  objected  to,  nor  their  veracity  impeached  ; 
and  distant  and  delusive  views  could  not,  by  the  aid  of  an  oath,  or  through  any  other 
process,  be  converteil  into  an  actual  survey  of  the  ground. 

The  objection  was,  that  a  distant  view,  substituted  to  a  survey,  was  no  cvidcnca 
of  the  existence,  or  position  of  a  ridge  or  mountain;  that  it  was  piiysically  impossible, 
for  any  person,  without  any  instrument  or  observation,  and  in  a  country  entirely 
covered  with  a  dense  forest,  to  ascertain  whether  the  elevations  of  which  he  might 


its 
H. 

k 

hi . 


!!■ 


(rf  )  Mr.  Lo«'»  Survey  of  tlv-  fortaRe  between  one  of  the  Wo.-itern  sources  of  tlic  South  branch  ot 
i.l«e  St.  John  anj  one  of  the  Nortli-\K»'.  sources  of  the  Penobscot— Siirvevis  Nos.  30  and  1° 
N 


m 
*• 

I 


1 

•1 


60 

«"->••■  have  a  faint  and  distant  vie»v,  extended  in  a  direction  parallel  to  that  of  the  water 

courses,  or  separated  these  from  each  other  at  their  sources;  and  that  the  total  omis- 

.on   .n  Mr.  Odell's  Sketch,  of  the  water  course.,  whicl>  it  was  indeed  in,possible  for 

nuous  and  huge  mountain. 

ttllycori'eet  "      '/^/'«ea^V,..  of  ,      British  Surveyors  are  substan- 

The  "survey  and  report  of  the  American  Surveyor,  Jolmson,"  is  set  aside.  i„ 
another  part  of  the  Statement,  as  to  a  part  of  the  American  line,  -  as  altogether  ideal 
and  unfoundedm  fact."  It  isdeclared  to  be  so,  because  it  was  founded  on  Lcs  taken 
from  Green  Mounta.n.  about  forty  to  fifty  miles  distant  from  that  part  of  the  line.(0 
Those  v,ews  are  admitted  to  be  no  evidence.  But.  as  the  qualifications  and  integrity 
JirJTT^  ^"  P'""'"'*'  '°  ^""i'"^  •»  t''"'"^  °f  the  British  Surveyors,  it  is 
retr  .'^  f  ,Tu  '"''""""  ""^^  ""'''  **'  '^  "^^""^  ^^  '''«  P^^tended  surveys 
St  t  men?'*'    T"!  '    '  """^  "'  ''"'"'"'"«'  '''''  ^'^°  •"^''"  '>-'--'  '"  "^«  ^-^'^^ 

Mr.  Campbell,  must  be  set  aside,  being,  with  respect  to  the  country  along  the  British 
line,  altogether  ideal  and  unfounded  in  fact. "  J"         S  '"e  criiisn 

The  mountainous  character  of  the  Eastern  part  of  the  British  line  is  proved  no 
otherwise  than  by  those  views  and  delineations.  With  respect  to  the  next  thirtv 
miles,  an  appeal  is  also  made  to  a  brief  and  general  account  of  thatpart  of  the  country, 
then  altogether  unexplored,  in  Mr.  Greenleaf's  -Statistical  View  of  the  State  of 

u?n"t'he  C  :\T\  '"'"  ""'"'""  P"^  "'^''^  "-  —  '°  ''»-  •'-"given 

up  in  the  Statement,  although  some  mountains,  never  visited  by  any  Surveyor,  have 

bv  hn^r  '* !'  'T'*'"'  *° "'''"■'"'  ''''" '^^  '"^''^'"S  '''R'^''*"'''''  '«=kn-^«ledged  as  such 

by  both  parties,  do  not  appear  io  have,  every  where,  that  mountainous  character  which 

is  required  according  to  the  British  definition. 

The  Metjarmette  Portage,(/)  which  is  common  to  the  two  conflicting  lines,  is  of 
of  a  similar  character  with  those  of  the  River  Quelle  and  of  the  Aliguash.  The 
sources  of  the  Metjarmette,  of  the  Penobscot,  and  of  the  St.  John,  rise  close  to  each 
other  .n    he  same  s^vamp      The  acknowledged  highlands,  for  an  extent  of  ten  miles 

n  a  Southerly  direction  from  that  Portage,  are  designated  in  Mr.  Camohell's  Sketch 

kT  o^"'  '''  ''"■''''  ''"'^^y"'-'  ^'••-  ^"-'"«^'  "P^^kinR  "'•■•he  height  of 

utv    fTR      R'ver  Connecticut  and  the  sources  of  the  I  Fran'cis,  which  is'a  .r - 

butaryef  the  River  S  .  Lawrence,  say.,,  that  its  sources  are  found  i„  thesame  .swanpy 

ground,  and  a  tew  rods  from  tl«,se  of  Indian  and  Hall's  Streams,  which  empty  thc^ 

selves  into  the  River  Connecticut.  i  j-  i  wit- 


$7. 

OBJECTIONS  DEUIVKn  FHOM  A  PKKSUMK.n  CONSTANT  ASSEHT.ON  OK  THP.  n„,nVT, 

CI.AI.M  SINCE  1783.  ""i-m 

_w..^..,.n.„.  Several  documents  have  been  adduced,  with  a  view  to  prove  that,  from  the  vcar 

1783  to  this  time,  the  Governments  of  New  Brunswick  and  of  Canada  have  both 
exercised  jurisdiction  over  the  contested  territory.     The  total  irrelevancy  of  those 

" >* — ___^ 

(f)     llritisli  Evidence,  No.  11,  pa^e  135. 

(/)     The  point  I„  on  llie  American  Transcript  of  Man  \      Thr  \f,.ti.,rr    ...  •.     .  -i    . 
of  the  Chuudiere.  wl.icU  fall,  into  the  Uiver  St.  Lawrence  ^  "         '"""  "'"■''"' 


51 

which  relate,  cither  to  the  Fief  of  Madawaska,  or  to  a  notice  concerning  certain  In-  A.,c„,.„^vr. 
d.an  hunting  grounds,  hns  already  been  shewn.     Without  dwelling  at  pre-ent  on  the  """      '  '"^ 
palpable  inconsisteticy  of  that  simultaneous  claim  by  both  Provinces,  we  will  briefly 
examine  the  acts  alluded  to.  ^ 

In  the  year  1784,  a  native  Indian  was  tried  and  convicted  by  a  Court  of  the  Pro 
vmce  of  Quebec,  and  accordingly  execute.l,  for  a  murder,  committed,  as  it  is  suggested 
on  the  waters  of  the  River  St.  John.  In  the  indictment  the  place  is  stated  in  a  v.gur 
and  loose  manner,  viz  :  .«„,«r  the  village  of  Madawaska,"  the  rituation  of  which  is 
not  known,  and  without  mentioning  the  Parish,  or  any  other  precise  designation  Ac- 
cording to  the  Quebec  Gazette,  the  crime  was  committed  below  Kamcuraska.  This 
place beingon the  bank  of  the  RiverSt.  Lawrence,  that  expression,  in  iU  usual  ac 
ceptation,  means  "lower  down  on  the  river,"  and  therefore  within  the  acknowledged 
boundaries  of  the  Province. 

In  the  years  1789-j)i,  a  suit  was  instituted  and  judgment  obtained,  before  thr 
Court  of  Common  Pleas  of  Quebec,  by  some  inhabitants  of  Canada,  against  person, 
residing  on  the  River  Madawaska.  The  defendants  having  objected  to  the  jurisdiction 
of  the  Court,  alleging  that  they  were  resident  of  the  Province  of  New  Brunswick 
the  Court  ordered  both  parties  to  bring  proof,  whether  Madawaska  and  the  Great  Falh 
were  in  the  Province  of  Quebec.  The  advocate  of  the  plaintiffs  declared  that  he  had 
no  other  proof  io  produce,  but  their  licenses  and  a  preceding  order  of  the  Court  in 
relation  to  the  pleadings.  This  was  an  acknowledgment  that  he  was  unable  to  pro 
duce  any  proof,  since,  according  to  the  Proclamation  of  1763.  the  Governors  vere 
authorized  to  grant  trading  licenses,  in  reference  to  the  residence  of  the  traders  and 
not  to  the  place  of  trade.  The  Court  repelled  the  objection,  solely  on  the  ground  of 
the  defendants  not  having  filed  their  exception  and  adduced  their  proofs  in  proper 
time  and  form.  A  Sheriff's  notice  was  published  in  the  Quebec  Gazette,  for  the  sale 
of  lands  at  Madawaska  belonging  to  the  defendants:  but  it  d,  s  not  appear  that  the 
sale  ever  took  place.  Another  judgment  of  the  year  1 792,  by  a  Court  in  Quebec,  of 
.vhich  no  opinion  can  be  formed,  as  it  is  not  produced,  is  alluded  t  in  a  petition  com- 
plaining that  Its  execution  was  impeded  by  the  Government  of  New  Brunswick 

An  extract  from  a  list  of  the  Parishes  in  the  Province  of  Quebec,  taken  from  the 
minutes  of  the  Executive  Council  for  1791,  includes  that  of  Madawaska:  the  date  is 
uncerUin;  and  the  act  erecting  the  Parish  is  not  produced.  An  order  of  the  Council 
of  the  year  1785,  for  opening  a  road,  from  Kamarouska  on  the  River  St.  Lawrence  to 
Lake  Tem.scouata  at  the  foot  of  the  dividing  highlands,  has  also  been  adduced  'in 
'■vidence. 

There  must  have  been  a  great  want  of  proofs,  when  such  inconclusive  documents 
are  resorted  to,  in  order  to  establish  the  facts  of  actual  jurisdiction  and  po.« 
Hut  It  will  be  admitted  that,  taken  together,  they  afford  sufficient  proof  of  t!       cmio 
and  perhaps  a  hope  at  that  time,  that  the  jurisdiction  of  the  Province  might  b      stend 
od  over  the  upper  branches  of  the  River  St.  John. 

The  following  transactions  throw  a  clearer  light  on  the  views,  both  of  thai       vern- 
nicnt  at  that  time  and  of  that  of  New  Brunswick;  and,  whilst  shewing  il>eir  ,1        ^nrd 
-xhibit,  throughout,  involuntary  acknowledgments  of  the  right  of  Uie  United  :  of 

that  section  of  country. 

In  the  year  1 787,  Mr.  Holland  was  ordered,  by  the  Governor  of  the  Province  of 
(iiR  IKT,  to  procc-d  to  the  Girat  !•  alls  on  the  Kivcr  St.  John,  in  order  to  meet  the  Sur- 
veyor i;eniral  of  New  Brunswick,  and  to  assist  in  marking  out  the  boundary,  ,vherc 
It  crossed  the  road  ol  communication  between  the  two  Provinces. 

In  the  interview  which  took  place  between  them,  each  partv  was  able  to  prove 
1hat  the  terntoi  y  in  ,,ue.slion  was  not  within  the  limits  of  the  oilur  Province       The 
Surveyor  of  New  Brunswick  declared,  that  he  would  proceed  to  '-the  height  of  land 


M 


.1 
1 


ij 


) 


TT' 


52 

ill'S.'jwi!'"''  °"  "'^  carrying  place,  situate  between  the  River  St.  Lawrence  und  Lake  Tcmisltou- 

ati** /.     to  examine  which  way  the  waters  incline  on  the 

heights  there,  that  by  thuir  course  he  might  be  enabled  to  ascertain  the  boundary  be- 
tween the  Provinces  of  Quebec  and  New  Brunswick,  as  all  the  streams  running  into 
the  rivers  which  empty  themselves  into  the  River  St.  John,  are  in  the  Province  of 
New  Brunswick,  and  those  which  fall  into  the  St.  Lawrence,  are  in  the  Province  qf 
Quebec."  And  he  produced  his  instructions  from  the  Governor  of  New  Brunswick, 
directing  him  to  be  governed  by  the  Act  of  Parliament,  called  the  Quebec  Act. 

On  the  other  hand,  aHhough  it  could  not  be  known  with  any  certainty,  at  that 
time,  where  the  due  North  line  from  the  source  of  tlie  River  St  Croix  would  strike 
the  highlands,  it  was  highly  improbable  that  the  point  of  intersection  would  be  found 
as  far  West  as  the  Temiskouata  Poxtage.  Mr.  Holland,  after  urging  some  other  con- 
siderations, accordingly  represented,  "  more  specially,  that  the  fixing  that  limit 
would  materially  affect  the  Boundary  between  us  and  the  United  Utates  of  Amer- 
ica; and  that  a  large  territory  would  thereby  be  saved,  or  lost  to  His  Majesty's 
dominions." 

A  safe  and  convenient  communication  between  the  two  Provinces  was  at  ail 
events  to  be  preserved:  and  how  to  alter  for  that  purpose  the  boundary  of  the  United 
Sutes,  as  defined  by  the  treaty  of  1783,  was  the  difficulty.  Mr.  Holland  appears  to 
be  entitled  to  the  credit  of  having  been  the  first  to  propose  the  substitution  of  a  "  coun- 
try exlremely  mountainous,"  to  the  dividing  highlands  designated  by  that  treaty.  He 
observed  that  it  was  generally  understood  in  Canada,  "  that  the  line  between  the 
Provinces  of  Quebec  and  New  Brunswick,  should  run  from  the  head  of  Chaleur  Bay, 
along  the  highlands,  in  a  Westerly  direction  to  the  Great  Falls  on  the  St.  John's  River, 
and  from  thence  West,  to  the  Westernmost,  or  main  branch  of  the  Connecticut 
River." 

Mr.  Holland  had  not  at  that  time,  any  knowledge  of  the  country:  but  he  did  not 
foil  to  find  it  agreeing  precisely  with  his  hypothesis.  Not  being  able  to  agree  with 
the  Surveyor  of  New  Brunswick,  he  proceeded,  he  says,  with  his  party  "to  the  Great 
Falls,  where  we  found  the  country  extremely  mountainous;  and,  from  information 
gathered  from  different  persons,  who  have  been  from  the  St.  John's  River  back  in  the 
country,  and  my  own  observations,  have  no  doubt  but  that  these  mountains  are  the 
range  which  extend  from  the  Bay  of  Chalcur  to  that  River." 

This  substitution,  (called  a  definition)  of  a  generally  or  extremely  <<  mountainous 
country,"  without  regard  to  the  division  of  certain  specified  rivers,  to  the  «« highlands 
which  divide  the  rivers,"  &c.  ii.is  the  singular  advantage  of  rendering  them  moveable 
at  will.  And  it  cannot  be  doubted  that,  had  the  British  Agent  under  the  late  com- 
mission been  from  Canada,  instead  of  Nc'v  Brunswick;  the  mountainous  counlrv, 
extending  Westwardly  from  the  Great  Falls,  would  have  been  pertinaciously  contend' 
cd  for  in  behalf  of  Great  Britain,  instead  of  insisting,  as  according  to  the  new  hy- 
pothesis is  now  done,  that  the  height  of  land,  contemplated  by  the  franiers  of  the 
treaty,  commences  at  Mars'  Hill. 

A  committee  of  the  Executive  Council  of  the  Pro\incc  of  Quebec,  appointed  the 
same  year,  (1787)  to  consider  that  subject,  appears  not  to  have  sustained  to  its  full  ex- 
lent  Mr.  Holland's  report,  and  to  have  been  of  opinion  that,  in  order  to  extend  the 
jurisdiction  of  Canada  over  the  River  St.  John,  an  alteration  of  its  existing  Southern 
boundary  was  absolutely  necessar}-. 

They  say,  "  If  the  Province  of  New  Brunswick  may  of  right  claim  tiic  sources 
of  rivers  that  take  their  rise  on  the  height  of  land  which  divides  the  rivers  that  emp. 
ty  themselves  into  the  St.  Laurence,  from  those  which/all  into  the .  it /antic  Ocean. 
(he  ancient  limits  of  this  Government  will  be  curtailed  towards  New  Brunswick,  and 
Seigneuries  under  Canadian  grants  as  fir  hack  as  the  years  16?3  and  1083,  be  taken 
into  that  Provincp."  &o. 


53 

The  committee  llien  propose  '<that  the  Proviurc  of  QucIhjk  be  separated  from  J^^"^\X,j^'^" 
lliat  of  New  Urunswick,  by  u  line  running  alooR  the  hinhlands,  which  extend  from' 
the  head  of  Chaleurs  Hay  to  the  foot  of  Ihc  great  full  o'"  St.  John's  River,  and  from 
thence,  crossing  the  river,  (so  as  to  include  the  whole  of  the  portage  or  carrying  place) 
und  continuing  in  u  straight  line  towards  the  sources  of  the  River  Chaudierc,  which 
rise  on  the  highlands,  which  commence  at  the  said  head  of  the  Bay  of  Chaleurs,  and 
extend  all  the  way  to  the  North-wcstcrnmost  head  of  Connecticut  River." 

This  pajjer  is  considered,  in  the  British  Statement,  as  "  highly  valuahle  and  im- 
portant, especially  as  proving  that  whatever  disputes  may  have  existed  between  the 
respective  British  Provinces,  as  to  their  several  limits,  not  the  smallest  doubt  seems 
to  have  been  ever  entertained  by  them  as  to  the  right  of  Great  Britain  to  the  whole 
territory  thus  contested  between  the  Provinccji." 

And  it  is  afterwards  observed,  thai  'Mho  rlnims  of  \\m  Province,  (New  Bruns- 
wick) and  Canada,  with  respect  to  this  and  other  parts  of  the  territory  in  this  quarter, 
are  conflicting  inter  »e,  and  shew  the  uncertainty  of  their  respective  Boundaries,  which 
in  fact,  have  never  been  settled,  and  may  require  the  interference  of  the  mother 
country  to  adju,st:  but  these  conflicting  intercolonial  claims,  which  have  arisen  since 
the  Treaty  of  17S3,  arc  altogether  irrelevant  to  the  present  controversy  between 
Great  Britain  and  the  United  States,  as  n  foreign  power,  and  under  that  Treaty." 

It  is  j)erfectly  true,  that  the  United  States  have  nothing  to  do,  and  no  interest 
wihatcver  in  that  part  of  the  Boundary,  between  New  Brunswick  and  Canada,  which 
was  then  and  still  remains  unascertained.  That  jmrtion,  which  has  "not  been  settled, 
and  may  require  the  interference  of  the  mother  country  to  adjust,"  is  only  that  which 
must  unite  the  Western  extremity  of  the  Bay  des  Chaleurs  to  the  dividing  highlands, 
and  which  lies  East  of  the  contested  territory. 

But  the  Western  boundary  of  New  Brunswick  is  undisputjd,  and  has,  ever  since 
the  year  17C3,  (either  ns  part  of  Nova  Scotia  or  as  New  Brunswick)  been,  according 
to  the  Commissions  of  the  Governors,  a  due  North  line  from  the  source  of  the  River 
St.  Croix.  Wherever  that  line  may  terminate,  the  territory  West  of  it  is  indisputably 
without  the  boundaries  of  New  Brunswick,  and,  according  to  the  treaty  of  1783,  with- 
in tiiose  of  the  United  States. 

The  Southern  boundary  of  the  Province  ot  Quebec  or  Lower  Canada  !s  described, 
in  the  Commissions  of  tiic  Governors,  in  the  same  words  by  by  wiiich  tlie  Northern 
boundary  of  the  United  States  is  designated  in  the  treaty  of  1783,  and  again  in  the 
same  words  (with  only  the  sid)stitution  of  "height  of  land"  to  "highlands")  in  the 
report  of  the  committee  of  the  Provincial  Council;  viz:  "  the  highlands  which  divide 
the  rivers  that  empty  themselves  into  the  St.  Lawrence  from  those  which  fall  into  the 
Atlantic  Ocean."  The  territory  South  of  that  boundary  is  indisjnitably  without  the 
limits  of  Canada,  vIe:  in  New  Brunswick,  if  East  of  the  due  North  line  from  the 
source  of  the  River  St.  Croix;  in  the  United  States,  if  West  of  that  line. 

We  will  now  s<'c,  how  far  the  Documents,  relating  to  tiie  conflict  which  took 
place  at  that  time,  sustain  "the  rig/il  of  (;reat  Britain  to  the  whole  territory  thus  con- 
tested between  the  Provinces." 

Mr.  Holl.nul  had,  with  his  instructions,  received  from  the  Governor  of  Canada, 
(Lord  Dorchester)  copies  both  of  the  boundaries  of  tlie  two  Provinces,  as  prescribed 
by  the  Commissions  of  their  Governors,  and  cf  the  article  of  the  li-eaty  of  1783,  relat- 
ing to  boundiiri.s.  .And  his  dcciuration  proves,  that  he  was  perfectly  awart^  that  if 
the  Southern  Ixnindary  of  Canada  was  along  the  higlilauds  which  divide  the  waters  of 
the  River  St.  John  from  those  of  the'River  St.  Lawrence,  the  territory  lying  on  the 
River  St.  John,  West  of  the  due  North  line,  was  part  of  the  United  States  and  not 
of  New  Brunswick. 

o 


IIS 


,      I: 


.i:  II J 


54 


Acrniinjil'y  *■ 

Kdu  1711,1,  i:«4 


'I'hn  Lieut.  Govcrnorof  New  Brunswick  (ThomB?.  Cm  leton)  liarl  made  no  niei.lio.i 
ill  his  instruction  to  the  Surveyor  General  of  that  Frovince  of  its  Western  houndary. 
which,  by  his  own  commission,  was  prescribed  to  be  "a  line  drawn  due  North  froni 
the  source  of  the  River  St.  Croix  to  tlie  Southern  boundary  of  the  Province  of  Que 
bee."  And  without  adverting,  either  to  this,  or  to  the  boundary  of  the  United  Slates 
as  fixed  by  the  treaty,  he  only  directed  him  to  '« be  Rovt-rned  by  the  Act  of  Parliament 
for  establishing  the  Province  of  Quebec,  which  determines  that  boundary  to  be  the 
highlmds  which  divide  thosi  waters  that  emply  titevisetves  into  the  Hiver  St. 
Lawrence,  from  those  whieh  fall  into  the  .'itlantic  Orean."  (g) 

The  Surveyor  General  declared,  that  he  was  bound  to  obserVe  those  instructions, 
and,  having  accordingly  only  to  determine  the  position  of  those  highlands,  gave  it  xs 
bis  unalterable  opinion,  that  the  boundary  ought  to  he  fixed  at  the  height  of  land  on  the 
carrying  place,  situate  between  the  Kiver  St.  Lawrence  and  Lake  Temisceuata.  The 
height  ofJand  between  the  River  St.  Lawrence  and  Lake  Temiscotiata,  or,  in  other 
words,  the  portage  of  that  name,  was  therefore,  in  the  opinion  of  that  officer,  the  boun- 
dary of  the  United  States;  since,  by  the  treaty  of  1783,  that  boumli.ry  is  declared  to 
1)6  along  "/Ac  highlands  which  divide  those  rivers  that  empty  themselves  into  t'r 
River  St.  Lawrence,  from  those  tvhichfall  into  the  Atlantic  Ocean." 

It  is  equally  clear,  that  the  committee  of  the  Executive  Council  of  the  Province  of 
Quebec  was  quite  sensible  that  the  Southern  boundary  of  that  Province-,  as  defined 
Ml  the  Commissions  of  its  Governors,  would  curtail  the  ancient  limit.s  of  Canada,  as  it 
.•xislod  under  the  French  Government  What  they  propose  is  a  substitution  of  Mr 
Holland's  hypothetical  highlands  to  those  that  had  been  dcs-gnated  by  the  Proclama- 
tion of  1763,  by  the  Quebec  Act  of  1774,  by  the  treaty  of  1783,  and  by  all  the  commis- 
sions of  the  Governors  of  the  Province,  as  its  Southern  boundary.  They  ask  accord- 
ingly that  the  Province  of  Qucbnn  he  separated  (hereafter)  from  the  Province  of  New 
Hiunswick  by  Mr.  Holland's  presumed  highlands. 

The  admission  that  the  change  could  not  be  effected,  without  an  alteration  o'  the 
bounuanes  prescribed  by  the  Acts  of  the  British  GovernmenS  is  tantamount  to  an 
:.cknowledgment  that  an  alteration  of  the  terms  of  the  treaty  was  necessary  for  that 
liurpose;  since  the  same  descriptive  words  are  used  in  those  Acts  {gg)  and  in  the  treaty 
It  was  quite  immaterial,  as  to  the  effect  on  the  JimiUof  Canada,  by  whom  the  ad- 
verse claim  might  be  set  up:  and  the  commiUee  declares,  that  the  ancient  seigncuries 
includingtheFiefofMadawaska,  and  the  Acadian  or  Madawaska  SetUement,  or,  in 
other  words,  Uiat  the  waters  of  Uie  River  St  John  would  be  thrown  out  of  the  Pro- 
vince  of  Quebec,  if  the  height  of  land  which  divides  the  rivers  that  empty  themselves 
into  the  St.  Lawrence  from  those  which  fall  into  the  Atlantic  Ocean,  could  of 
right  be  claimed  (whether  by  the  United  States  or  New  Brunswick)  as  a  boundary 
towards  Canada.     As  it  is  not  and  cannot  be  denied,  that  the  boundary  thus  described 
i.s  that  which,  in  the  same  words,  is  declared  by  the  treaty  to  be  the  boundary  of  the 
Lnited  States,  this  declaration  of  the  committee  again    explicitly  admits,  that  the 
waters  of  the  River  St  John  are  included  within  the  boundaries  of  the  United  States. 
The  conflict  between  the  two  Provinces  on  that  occasion,  and  the  confused 
arguments  alleged  on  both  sides,  arose  solely  from  their  mutual  wish,  to  ajipropriate 
to  themselves  wha'.  belonged  to  another  party,  and  from  the  impos.sibility  of  reconcil- 
ing  the  pretensions  of  either  with,  not  only  the  treaty  of  1783,  but  all  the  public  acts 
of  Great  Britain  relating  to  those  boundaries. 

Those  documents,  together  with  some  others,  were  taken  into  consideraUon  by 
the  Executive  Council,  on  the  4th  August,   17.U2.     And  it  was  thereupon  «'  Ordered 


(g)  "  Stii"  ill  llie  Quebec  Act  and  not  "  Allsntic  Oce»n."     But  Govfriior  Carleton  underwood  the 
two  exprcHOM  to  be,  ai  ihcy  arc  in  rclatioii  to  this  boiindary,  s)  non)mou8. 
(??)  Viz  .   The  Commiiiionjof  th?  r.orernora  oftlie  Province  ofQiiehec. 


69 

that  these  papers  be  enteretl  upon  the  minuter,  and  it  is  humbly  suggested  by  the  .iJl'^XX'' " 
board,  that  it  may  be  expedient  to  transmit  copies  to  the  Lieut.  Governor  of  the  Pro 
vince  of  Now  Brunswicic  for  his  co-operating  in  representations  to  call  the  attentiov 
qf/lis  Mt,jest}/'s  Ministers  to  the  adjustment  of  the  limits  necessary  for  preservina  the 
public  tranquillity  on  the  borders  of  both  Provinces. " 

It  is  not  known  to  the  American  fJovernment,  whether  any  decision  was  had  on 
that  subject  by  that  of  Great  Britain,  or  whether  the  abandonment  of  that  pretension 
on  the  part  of  the  Province  of  Canada,  was  tht-  natural  consequence  of  the  favorable 
cliangc  which,  in  the  year  1794,  took  place  in  the  relations  between  the  two  countric 
But  the  fact  is  certain,  that  not  a  single  subsequent  act  of  jurisdiction  over  the  contest- 
ed territory,  by  Canada,  has  been  adduced  in  evidence,  (as  certainly  would  have  been 
done  had  any  such  existed,)  or  is  known  to  have  taken  place. 

It  is  on  the  contrary  in  proof,  {h)  that  no  grants  of  land  have  been  made  by  the 
British  Government  of  Canada,  on  the  waters  of  the  River  St.  John,  or  beyond  the 
dividing  highlands  clain.ed  as  their  boundary  by  the  L'nited  Stat.-s.  And  it  is  also 
proved,  by  th«  concurrent  testimony  of  the  inhabitants  on  the  Madawaska  Rive.-,  that 
the  Mount  S«.  Franci...  which  divides  the  waters  at  the  'IVmiscouala  Portage,  has,  for 
more  than  thirty  years,  been  considered  as  the  boundary  of  Canada,  and  the  phcc  be- 
yond which  no  process  issuing  from  that  Province  can  be  served;  and  that  a  post,  which 
was  standing  till  very  lately,  had  been  placed  there  for  the  purpose  of  designating  that 
boundary,  (i)  "         •• 

We  will  observe  that  Great  Britain,  on  the  plen  of  certain  infractions  of  the  treaty 
of  1783,  alleged  by  her  to  have  been  committed  on  the  part  of  the  United  States  had 
suspended,  on  her  part,  the  execution  of  those  conditions  of  the  treaty,  respectinc 
boundaries,  which  had  not  been  carried  into  effect  immediately  after  its  conclusion  (k) 
It  was  only  by  virtue  and  in  consequence  of  the  treaty  of  1794,  that  she  surrendered 
and  abandoned  h.rjuri»<liclion  over  .several  posts  and  countries,  within  the  boundaries 
of  the  United  States,  of  which  she  had  remained  in  possession  ever  since  the  vear 

Mas.  (i)  •' 

It  is  therefore  probable,  that  during  the  state  of  suspension  and  doubt,  that  exist- 
ed with  respect  to  the  boundaries  between  the  years  1785  and  1794,  the  Governor  of 
Canada,  who  had  certainly  orders  not  to  surrender  the  Western  posts  and  territory,  en- 
tertained the  hope  that  the  conditions  of  the  treaty  would  never  be  fulfilled, 'and 
thinking  it  a  favorable  opportunity,  made  the  attempt  of  extending  his  jurisdiction  and 
actual  possession  in  another  quarter.  It  is  certain  that  from  that  time  to  this  day, 
tno  attempt  has  not  Iwen  renewed  by  the  Government  of  that  Province. 

The  grants  of  land  to  the  Madawaska  settlers,  and  the  jurisdiction  exercised  over 
tliem,  by  the  Government  of  New  Brunswick,  are  no  evidence  of  there  having  been 
an  intention  prior  to  the  treaty  of  Ghent,  on  the  part  of  that  Government,  to  extend  its 
jurisdiction  over  the  contested  territory. 

The  remote  situation  of  an  Acadian  village,  which,  as  laid  down  in  Mitchell's  Map, 
was  at  first  on  an  Eastern  branch  of  the  River  St.  John,  near  the  Lake  Frene.ise  or 
Grand  Lake,  preserved  its  inhaiiitants  from  being  transported  and  dispersed  with  the 
rest  of  the  original,  or  French,  inhabitants  of  Acadia.  They  appear  subsequently^  to 
have  had  their  village  on  the  river,  ten  miles  above  the  present  site  of  Fre<lericton: 
and  they  removed  thence,  upwards,  towards  the  mouth  of  the  River  Madawaska, 
when  the  British,  after  the  treaty  of  1783,  extended  their  setllcinenU  up  the  River 


(4)  See  liit  of  Britiih  C.rant*  in  Uouclieltf's  .\ppenilix.     Written  Kvidencc,  No.  4J. 
(i)  W  rillen  Evidtiicr,  No.  4'J. 
{*)  Secret  Journals  of  Congres",  IV  vol.  p.  186  and  following. 
U)  Treat)-  of  irg*— Written  I'.viJcnce,  \o.  1. 


ill 


MatlnnatKii 
RetllemenT 


i  n 


■'tnHm'^iimmm 


lit 

I 


I 


\rHilnnahkl4 
atoliltinvil. 


Hfiiialif'tiiiin  nui 

•Mi'ried,  — ITlM, 


56 

Si.  Joliii.  Tlioy  liad  always  resided  within  the  ucknowicdgod  boundaries  of  the  Bri- 
tish Provincfiof  Nova  Scotia,  now  Now  Brunswick;  and  had  never  Itcfote.  suhmiltod  (o 
the  liritixh  Government. 

The  question  rcsiiecting  the  true  River  St.  Croix,  was  then  undecided.  It  was 
impossible  to  know  where  the  due  North  line  from  Ihc  source  of  Ihiit  river  would  in- 
tersect the  highlands.  Under  the  belief  that  the  Western  brunch  of  iheScboodie  would 
be  declared  to  he  the  true  St.  Croix,  and  if  placing  reliance  on  MilclieH's  longitudes, 
the  due  North  line  would  be  supposed  to  pass  West  of  (ho  Mndawaska  Settlement. 

An  apology  may  be  found  in  that  cireuinstancc,  ""or  the  issuing  of  those  grants,  and 
even  for  the  jurisdiction  exercised  by  New  Brunswick,  so  long  as  the  duo  North  lino 
was  not  ascertained.  It  is  only  since  the  actual  survey  of  that  line,  in  the  years  1817, 
1818,  that  the  continued  exercise  of  that  jurisdiction  must  be  cinisidereil,  and  has  been, 
c.omplained  of,  as  an  unjustifiable  usurpation. 

It  is  proper  further  to  observe,  that  the  Government  of  New  Brunswick  has,  at  no 
time,  a;ranted  any  lands  in  the  contested  territory,  excej)t  to  thos<!  Acadiunsj  nor  to  any, 
persons  whomsoever,  from  the  year  17U4  till  the  year  ISii.'S. 

The  understanding  which  prevailed  on  that  subject,  between  the  years  1704  and 
1811,  comes  next  in  order. 

With  rcsi)cct  to  Canada,  it  has  already  been  shewn  by  an  authentic  document,  that 
the  Government  of  that  Province  has  made  no  grant  of  land  on  the  waters  of  the  River 
St,  «ohn.  What  was  understood  to  be  the  Southern  buundiuy  of  the  Province  will 
still  more  clearly  appear,  from  the  description  given  by  the  Surveyor  Genera),  Mr. 
Bouchelte.  No  higher  authority  can  be  adduced,  in  regard  to  that  understanding, 
since  it  was  a  subject  immediately  connected  with  his  official  duties.  He  is  not  appeal- 
ed to,  to  prove  cither  where,  according  to  the  treaty,  was  the  boundary  of  the  United 
States,  or  the  mountainous  character  of  the  height  of  land  or  ridges  to  which  he  al- 
ludes. 

He  mentions  a  "  ridge,  generally  denominated  the  Land's  Height,  dividing  the 
waters  that  full  into  the  St.  Lawrence  from  those  taking  a  direction  towards  the  At- 
lantic Ocean • 

This  chain  commences  upon  the  Eastern  branch  of  the  Connec- 
ticut River,  takes  a  Nortk-fusterly  course,  and  terminates  near  Ca|)t;  Rosier,  in  the 
Gulf  of  St.  Lawrence.''  (w) 

He  again  states,    (|)iige  281,)  Hiat   "from  the  Connecticut  River  the  Height  of 

Land runs  to  the  North-east,  and  divides  the 

waters  that  fall  into  the  Saint  Lawrence  from  those  (lowing  into  the  Atlantic;  and 
which  height,  after  running  some  distance  upon  that  course,  sends  ofi'«  branch  to  the 
Eastward,  that  separates  the  heads  of  the  streams  falling  into  Lake  Temiscouuta  and 
River  St.  John,  und  by  that  channel  into  the  B.ty  of  Fundy,  from  those  that  descend  in 
a  more  direct  course  to  the  Atlantic.  Tlie  main  ridge,  continuing  its  North-eustcrli/ 
direction,  is  intersected  by  an  imaginary  line,  prolonged  in  a  course  astrononiicallv  due 
North,  from  the  head  of  the  River  St.  Croix;  and  which  ridge  is  supposed  to  be  the 
fxjundary  between  Lower  Canada  and  the  United  States;  at  lea.sr,  such  ap])cars  to  lie 
liie  way  in  which  the  treaty  of  1783  is  construed  by  the  American  Government." 

Air.  Bouchette  expressly  distinguishes  two  ridges,  the  main,  or  North-easterly, 
claimed  by  the  U-iited  States  as  their  boundary,  and  the  Eastward  branch,  which  se- 
parates the  tribut;iry  streams  of  the  River  St.  John  from  those  which  he  describes  as 
lulling  more  directly  into  the  Atlantic.  This  last  ridge,  lie  imniediatidy  after  ar- 
gues to  he  the  true  boundary  of  the  United  States,  und  is  that  which  is  claimed  as 
such  by  Great  Britain. 


(m1  DotKliettc,  paje  25.     Written  Kvidencc,  No.  A3. 


'l"lu;  only  iiufstion  loncCTnine  w  hirli  th..  S,„„ 
'-  con,...,o„t  «u,h..ri,,,  i,.  .„.'  of     1  .  t^   ! m"  *:''"7' "''''""'"'''  ""f'l>*="'«=^  ^o     .".-.  c,.,. 
-  .1,0  actual  S„.„hen,  bo..„„„ry  of  t .      "  „   :^;'*1'^'";  '""""'"  -"-'«-'  <"  Cann.la-H"""-' '- 
Quebec  Acr.  of  ,77..,  „„,!  .I..;,..,,,..,,  J Tvo'  "'  '1-  ""  "^''"''»""'   "^^   «^« 

Hiver.  (;;;.;r::r;;:;:r^  ^*"-'"  -  --"^o  --  the  ■....ic.  „r  ^ro„t„.,,  Th.^ 

'•/^/r^  of  r,.„,.„tai..  .,.„o,;- ;,  to  ,1,0  .W/l  eL        ^^'^"^^  "'  ''•"■'*'  '"♦'""'«•'  «"''  '"... 
••  Tne  ,li«tri,.,  ..f  q,„,„.,  ^.^^^^^^ 

(ofthoHiverSt.   La»vrence) on  the  South  sidrr 

naU..!  as  the  Nnrlh-ca^lerh,  chain. "  In)  ^'       "^ounUinn  already  tle.ig- 

Cape  Chat,  tho  KnMern  btMiiidnrv  nf  .k.  i-  .  • 

.H.n  „a.,«„,  by  U.c  ..urce  of  thTsrj:    'l^^'^t  "'  *""«'^'  ''^  ^-'  "^ '"e  .eri- 

.o  the  Norths  aoRlo  of  Nova  SootrThe  7Z     ^ r"""  "'  ''^  ^-"^•'Hcut  River 

by  the  Canadian  di,trict«rf  Three  Riven,  ,n,m  "'"'''  ''"""''*=''  '  "  »he  North 

or  ridge  of  highiandn,  c,ai,ne.l  hy  ,he  ir„i"    s":^Z  •hi!'"'  ^'"•'^--'-<5^  «^hai„. 

declared  by  the  Surveyor  Oe„e  J„f  Ca.XL  le    .^S     ''  ^"f'^'''  '"  '"•''^  -'""^  '» 

dirtrict..      If  ,ny  do„b,  «ho„l,|  ro.nain    ZTJ^    I      ^^^^"■"  ''"""•''"•>'  "^  tho.se  txvo 

ridge,  .fe^noe  .ay  be  had  to  h^  ^^  "I'!  ^to^''  '"i^-'f  "^  ^he  A^.rM..,,,,,; 

Ri..r  Ver,.  a„d  River  T.4  I^^rCt  eltr'.r'  '":'  "°"'  "^  "'^'"""^  "- 
La^vrenee.  fro.n  the  River  St.  Francis  th  va  Jof  7  T"''"''  '"*"  "'^  «'-■••  «'• 
tary  streams  of  the  River  St.  John.  lem..scouta  and  other  tribu- 

That  the  same  general  understanding  prevailed  in  New  H 
by  the  argument  .leiivere.l,  i,,  the  year  1 7 ,8  Zl     u  ""'"""'"•k.  may  he  proved 

.ingnished  inhabitant  and  public  oZrlf;'!  ^ov^'^^l^"'"^^^  «'- 

appomted  ..nderthe.5U,  article  of  the  In-aty  of  1794  *"'        ""^  '^'^  ^•'""nissioners 

Three  points  were  at  that  time  contended  for   ,..  .    •        . 
nver.      ,st.   The  source  of  i..,  Western  bl,h      f.'  "'^  """  '"^"^  '"''""•'''"  oftha, 

-■■    '''--♦''•tof.heScoodiacLlkesonthes.nilfrc  T      "  -«P  •^• 

-^.1  marked  Q  „n  said  transcript.      S.   The  I    ce  o       '    V  "\""'  """^^  ^"^"■' "  P-"'- 

r^ast  of  ,hes<.urcenf  „...  Western  bra.  cl ,  bu    vCof  tb     ^^    'f ''   •''"•'   '^'"■^h  'ies 

Whilst  ,be  firs,  and  third  points  wer     he  s  ..     /     '7"^'  ''''''  '"''-• 
-trongly  contended  for  ,l,e  fir.It,  or  n^t  VVesS.   '"/  ;""""'°"-  '""^  "^'''•^•'  •^«-" 
...ent.  after  having  ur.e.l  „,.  propri^v  o     :  vi„,  t.f "   ','"  '"  ^""-"  "''--'.- 
r.vc.,  who.se  n.ouths  arc  within  their  terlitori^   ZJ    ^^^  !  ^^  *"''  '^*"""  ^^  '"■ '"" 
the  ioliowmg  words,  viz:  '  "^'''^"'velv ,  he  expi-esses  hini,ielf  ii, 

"  ^  ''"*^  «'"*•  ^'orth  from  a  source  of  the  »V,/  •    , 

or  St.  Croix,  will  fu„y  ^eure  that  efl^ec   rthTT^T:;;Tr  '■''"''  "^  ^"^  ^-""-N 
=.lso  to  (ireat  HrUain,  in  all  instances,  e^ceJ^V^t    J^^  :;'"  ''''^''  '"''^"^'■'  •''"'1 

t /')  I.--.MVX  o„  Amerkvu.  Tra.sn.|i„  „f  Map  A, 


f 


!'f 


i  it 
5,3  "J  I 


;:il 


08 

-:v"fr^''"'**  ^'*  '"'"  "'^ ''"'  ^''Khlnndu,  and  where  it  cmnei*  to  be  nnvinablf.     But  if  u  North  line  is 
traced  from  the  sourrr  of  the  Chopiit.iatekook,  (y)  it  will  not  only  croM  the  River  St 
John  within  about  fifty  niile«  from  Fre.lerieton,  the  Metro|Kj|i.i  of  New  Hninnwick, 
but  ivill  out  otr  the  sources  of  the  riveri  whirb  fall  into  the  Hay  of  rhaleiii^,"  &c. 

^,.  ;     ;, "  ^n '""»'.  if  n«t  all,  the  mips  of  the  interior  rountrr. 

|u.bl.,hed  before  the  year  1783 •  line  drawn  North  from 

that  terounation  (of  the  River  St.  Croix)  upon  those  m«p«,  will  not  inl.r»o.t  any  of  the 
riverH  which  empty  lheni«elves  into  the  sea,  to  the  Kastward  of  the  mouth  of  the  River 
St.  Croix,  except  the  Biver  St.  John."  (r) 

The  same  officer,  as  his  UriUnnic  Majesty's  A^cnt  under  U.c  Into  Commission, 
sustained,  witJi  great  zen'  the  new  pretention  of  tJrcat  Britain:  and  his  rt^asons,  why 
his  former  opinion  should  not  be  deemed  conclusive  and  binding,  will  be  found  in  tho 
Appendix,  (s) 

He  is  quoted  as  very  competent  authority  of  what  was  the  prevailing  understand, 
ing  in  New  Brunswick,  in  the  year  1798,  ami  to  shew  that,  at  that  time,  with  th., 
treaty  and  printed  maps  before  him,  and  with  a  general  knowledge  of  the  country  he 
construed  that  instrument,  ..s  every  other  person  then  did,,  according  to  its  obvious'and 
natural  sense. 

It  was  afterwards  a«certained,.that  the  Commissioners  intended  to  declare  as  th» 
true  source  of  U,e  Schoodiac,  the  outlet  of  the  lakes,  (the  point  Q.)  which  is  sliU  fur- 
Iher  Last  than  the  source  of  the  Cheputnatekook,  (the  point  (). )  But  the  American 
Agent  propose.l,  in  order  to  secure  a  small  tract  of  valuable  land  between  the  two 
branches,  to  agree  that  the  last  mentioned  source  should  bo  fixed  as  the  true  source  o£ 
the  river.  As,  for  the  reasons  already  alleged,  the  British  Agent  preferred  at  all 
events  the  most  western  point  that  could  Ik.  obtained,  he  acquiesced  in  this  pronosal 
provided  it  should  be  approved  by  Sir  Rokrt  Liston,  then  his  Britannic  MajestyV 
Minister  to  the  United  States.  And  this  eminent  person  agreed  to  it  for  the  very 
^ame  reason.      In  his  letter  of  S.-Jd  October,  1 798,  to  the  Agent,  he  says:  (t) 

"It  appears  to  me  evident  that  the  adoption  of  the  River  Cheputnatecook.  as  a  part 
ol  the  boundary  between  His  Majesty's  American  dominions  an<l  those  of  the  Unite.l 
States,  ,n  preference  to  a  line  drawn  from  the  Easternmost  point  of  the  Schoodiac 
Lakes,  would  be  attended  with  consi.le.able  advantage.  It  would  give  an  addition  of 
territory  to  the  Province  of  New  Brunswick,  togcU.ep  with  a  greater  extent  of  navi- 
gation on  the  St.  John's  River,"  &c.  («) 

Had  it  not  been  understood  that  the  due  North  line  mustneces«,rily  have  crosflctl 
the  River  St.  John,  ti.e  whole  of  .hat  river,  and  of  its  navigation,  would  have  belonge.l, 
to  Lreat  Britain,  whatever  was  the  point  from  which  that  North  line  should  be  drawn 
It  was  only  w.ih  the  understanding  Ih^t  that  line  must,  at  all  events,  cross  that  river  that 
the  extent  of  navigation  secured  to  New  Brunswick  could  be  greater  or  less,  as  the  North 
inc  crossed  the  river  more  or  less  Westwar.ily.     Mr.  Liston,   Iheroforc,  construing 
he  treaty  as  every  other  person  did  at  the  time,  knew  that  the  highlands,  designated 
l.y  that  instrument,  must  be  North  of  the  River  St.  John's,  and  that  the  North  line 
in  order  to  meet  them,  must  cross  the  river.  ' 

The  assertion,  in  the  British  Statement,  thai  the  right  to  the  possession  of  the  con- 
tested territory  was  first  called  in  question  by  tho  United  States,  and  that  only  con- 


.AmerlctiiCliim 
i>>cilcd. 


(y)  Viz:  QR  on  Americin  Trarncript  of  map  A. 
(r)  Wiitten  Kml.nce,  No.  Ji,  pujfcg  272  and  ,V.5. 
{»)  Written  K> idtncc-,  No.  iS. 
(/)  WrlUcn  Evidcncf,  No,  61. 


I 

^1 


$9 

»lruolively,  at  the  period  of  the  neKotiation«  ot  Ghent,  in  1814,  doe.  not  pwMj.U  a  con  A«.r„„a.«.. 
re.  t  and  tompltl.-  view  of  what  r.-luteii  to  that  pnrticiilar  point.  """"'' 

lilt)  r<>(-/i/ of  Oreut  Hritain  lo  the  t.rrltory,  had  never  heen  culled  in  queition  hy 
the  United  hUitcii,  before  th«  neRoiifttion.  at  Ghent,  in  1814,  becauw  it  wa»llicn'for 
the  firnt  lune,  nuule  known  t.,  ihc-m  lh>.t  (;renl  Britain  intended  to  let  up  tiich  . 
«l.nin.  And  her  rinht  lo  ihu  jw.i^.i.iion  of  the  Maduw«.ka  Settlement  w««  not  call.d 
m  .piMtion,  or  even  alluded  to  at  Ghent,  bccu.i.e  it  had  not  been  a»c.ruine.l  at  that 
tin.o,  whelhr.r  that  Beltlenitnt  lay  East  or  Wet  ol  the  line  drawn  duo  North  from  tho 
source  oi  tlie  St.  Croix. 

That  line  was  not  surveyed  till  the  years  1817-1818:  and  this  is  also  the  reason 
why  the  inhabitants  of  Ma.lawaska  were  included  in  the  American  Census  of  the 
year  IHiiO,  and  not  in  that  of  the  year  1810. 

The  remoteness  of  the  territory  on  tho  waters  of  the  River  St.  John,  from  the 
American  settlements,  which  did  not  extend  far  up  the  Penobscot,  had  rendered  other 
acts  of  jurisdiction,  on  the  part  of  the  Unile«l  States,  unnecessary,  prior  to  the  war 
Which  was  terminated  by  the  Treaty  of  Ghent.  And  their  subsecpient  forbearHiicc,' 
since  that  question  has  become  >  sul,ject  of  discussion,  notwithstanding  the  continued 
usurpation  of  New  Urunswick  over  the  contested  territory,  is  very  impro,H>rly  con- 
verted  into  an  assertion  of  exclusive  and  undisturln;.!  possession,  by  Great  HriUin 

On  the  question  of  right,  it  was  not  oven  sus,,ected,  that  there  di.l,  or  could,  exist 
...y  doubt.     The  boundary  is  laid  down  in  all  tho  maps  of  the  District,   now  State 
of  Maine,  along  the  true  highlands  designated  by  (he  Treaty. (t-)     There  was  no  he- 
•itation  or  doubt  on  the  subject,  on  the  part  of  Massachusetts.     She  granted  lands 
as  a  matter  of  course,  in  that  as  well  as  in  every  other  part  of  her  territory  ' 

As  early  as  the  year  1702,  .  contract  was  entered  into,  between  that  State  andccr- 
Uin  individuals,  for  the  sale  of  a  tract  of  land  containing  more  than  two  millions  of 
acres,  and  extending  to  the  very  highlands  in  question.  Although  the  conditions  of 
the  agreement  were  not  fulfilled  by  the  purchasers,  ami  it  was  not  ultimately  carried 
into  effect,  this  tract,  or  another  substituted  for  it,  appears  to  have  been  surveyed,  and 
IS  accordingly  laid  down  in  the  maps  of  the  District  of  Maine,  (w)  Actual  grants  of 
land  were  afterwards  made  by  tho  State,  and  as  late  as  the  year  1813,  to  various 
academies,  towns,  and  individuals,  (a-) 

The  olKscure  acts  by  which  Canada  had,  during  the  years  1784-1794,  attempted  to 
oxtend  her  jurisdiction  over  the  upper  waters  of  the  River  St.  John,  and  the  anplica- 
tion  by  the  council  of  that  Province,  for  an  alteration  of  its  boundaries,  had  remained 
of  course  entirely  unknown  to  the  Government  of  the  United  States;  whilst  that  ef- 
fort, and  the  complete  abun.Ionment  -.f  that  pretension  during  the  twenty  subsequent 
years,  must  neces.,nrily  have  been  wiii-.in  the  knowledge  of  His  Britannic  Majestv's 
Government.      1  he  reasons  why  the  Ju  risdiction  of  New  Brunswick  had  been  ex- 
tended over  the  Ma.lawaska  Settl.>ment  have  bc-n  .sufficiently  explained.      And  the 
oilic...    ' lee  nrations  of  the  Chief  Justice  of  that  Province,  in  his  character  of  Agent. 
an.l  o       IS  Britannic  Majesty's  Minister  to  the  TT„ite.l  States,  leave  no  doubt  that  i 
was  at  Ghent,  in  the  year  18.4,  that  any  pretension  to  the  contested  territory   vn 
for  the  first  time,  sugge.sto.l  hy  the  Government  of  Great  Britain.     If  any  A.rthe 
pn,ot  wa.s  wante-i  to  establish  that  fact,  it  will  be  found  in  the  manner  in  which  that 
claim  was  brought  forward  in  the  course  of  those  negotiations. 


(p)  F.nRTsvcd  Maps,  N(,s.  ;!ti,  ;'r  ami  ,;8. 

(..)  F.nK^vcl  Ma,,,.  No,,  .if,   .„.!  :;7.     A  ai,cr.-pancy  b.-twcon  the  boumWic,  in  the  sp^omen.  an.l 
...o«.  ...  ...c  .M.p,.  not  huv,,.,  ,.oc„  d.covcrea  .ill  af.er  the  l,t  .tanuar,  XS:o,  .u.  he  lef^^ounM- 

(x)  Written  F.\iat.nce,  Nu.  ,51, 


^      t 


If- 


60 


N>|oilillaii>  at 


Glit-iii 


The  British  Pleni 


i!   i 


Th.s  was  not  a  Citsual  expression,  but  a  deliborato  and  solemn  exuosi.Inn    f  ,u. 
tern,s  on  which  Great  Britain  proposed  to  .nake  poaee.     One  J  "he  P      •  ^ten  h 

wahout  a  var,al.on  of  the  line  established  by  the  Treaty  of  1783 

It  was  only  after  the  explicit  declaration  of  the  American  Plenipotenti.ries   .h,f 
they  had  no  authority  to  cede  any  part  of  the  territory  of  the  Un^l  S    t  ' 
would  subseribe  to  no  stipulation  to  U.at  e.feet;  and  after  having  lo  "       honeof  "T 
ta,n.„g  a  variation  of  the  lino,  that  the  British  Plenipotentiaries  fhanldth'^ 
It  was  then,  for  the  first  time,  gratuitously  asserted   tS To  AmeZn  S''^""""- 
anes  were  aware  that  the  boundary  «....L  at  Ar*,  1  2 Z  r  ""''' 

menf,  by  which  the  direct  communication  betwee.     "  i^x  and  qX";'  """'""■ 
terrupted,  was  not  in  contemplation  of  the  British  Pi.n  1,  u  """"  '"■ 

the  Treaty  of  1 783.  Plenipotentiaries  who  concluded 

Even  this  assertion  was  accompanied  by  a  declaration   th->»  .Hp  lU.-  k  u    . 
fcipated  the  statement  n.ade  by  th'e  Ameri;a„  Plen  p^^ti     e    Ivt    t  a  th'^H  "," 
no  authority  ^<  to  ce^e  any  par,,  however  insignificanf.  of  the  terrilor ie;  of  h    .7  tl 
States,  although  the  proposal  left  it  open  to  tiL  to  d  mand  .nZZfn    fJ^T 
cession,  either  in  frontier  or  otherwise  "(-) 

0.0  ii„  ,„  ,„c  „i.Ma„.,.,  ..„„f„„„,,,, ,;;,:.,  ;:,':;.!''';;;;;'7"'"  ';,"■?" 

•■.J,c  ,,n,p„«,l,  ho.vcvo,,  „r  ,l,c  BmI  Plc„i,,„U.  ,  jl-   C^  „o,    ^       '  ,        '1^     "' 

r„  ,!,„   ]„,  „|,,.,„,;„„  |,^i, .,„„i     ,„,„.„.: 

<.ovcr„m™i  „,:v,.r  r,.,|„ifc.,l  ,l„„  „„  „„„,„,,,,;„  ,„■ s,„„  „r     ,„    '  '."' 


(y)  Written  Evidcncr.  No.  4f,-Ilritisl.  ,\o„.  „(Ii4ll,  A,i -iist 
'.-\Hriti.h  \ot.«of4th  Ser,f._Wr;.t,-n  Kvi.l.TH-.  N..  4,;"      ' 


IKII. 


(«)  Aim  r  ran  Ni>tc- (if'.ltli  S,  ptemlnr. 
/■■   Arp<Tira-i  V(,i,-,rjr,it|  S.  pi.vnii.  .• 


61 


Great  Briu.in,  but  only  that  small  portion  of  unsettled  country  which  interrupts  the  p,-« " 

o.„mun.cat.ou  between  Halifax  and  Quebec,  there  being  IcH  ^o«A  thete  

does  not  already  belong  to  Great  Britain,  (c)  wnethcr  it 

The  proposal  of  the  American  Plenipotentiaries  to  appoint  Commissioners   u-.. 

rSx  't"^?".'^V''  ''^"'°'^  lino  of  frontier,  i  the  source  of  thri; 

twee?  ,  ;  tl  cin '^  ''^"°'^-     ^""   '"  •^""^'"^'^"''-^  °^  «  cli.greement    e^ 

t«een  the  two  Comm..s..oners  was  provided  for;  no  power  to  vary  tlie  line  beinu- 
gn-.n  m  either  case  ,  but  the  express  purpose  being,  tharit  should  beLerta ined  1,1 
surveyed  m  conformity  with  the  provisions  of  the  treaty  of  1 783 

ed  JitTnr^n^"'-  y  ^'^?  ^r """  P''="'P°t-^-i-  'Jenied  the  intentions  ascrib- 
ed to  the  British  Ministers  who  had  signed  the  treaty;  that'they  uniformly  rejected  .n, 
proposa  to  vary  the  line,  and  to  cede  any  part  of  U,e  territory  of  the  Un  ted  sLt      i 
1rl^JT^  °  r^"''''"^^''^  •'  ^^'  ^'-^  they  agreed  to  the  reference,  only  on  the  ge 
oral  gro  „d  of  leavmg  to  an  amicable  mode  of  set.lement  all  the  questions  relative   o 

survlyet         ""''  "''^"'"  '^°"^^'-'  ^^'"^"^  ''''  "°^  ^^^  ''-'"-'-">•  ascertated::; 

th.  BrTh  T  *"  "''"^'.  "'"""'■  "^  '"'""'•  '"^''^•'  ""  "  •"-'  -'--""  oceasion,  by 
the  British  Government    tself,  of  a  V  \RI  VTrnv  «f  .1     i         i        ,•  '    ">^' 

the  tre-jtv  nf  17«-^   ,.  .k  .  "'^  "'*'  boundary  hnc  defined  In 

he  treaty  of  1783,  at  the  same  time  that  another  demand  was  also  n,ade  of  one  half  ot 
the  great  lakes,  and  of  the  rights  of  sovereignty  over  the  shores  sc-cured  to  Tr  i 
States  by  the  same  treaty  ;  whether  that   demand,   conneCed,   not  only  wit      tl     i, 
tervenmg  declarations  of  the  British  Minister  to  the  United  States,  and  of  Z  B    t   h 
Agent  on   he  adjoimng  portion  of  the  same  boundary,   but  also  with  the  on  I. -e    b^ 
donmen   during  the  twenty  preceding  years,  of  ..     ..,.!.„  „.  ...e  jurisdict  on  ov."    h 
contested  terruory    by  that  British  Province  wi.h.n  whose   boundaries,    rblng  „g 
to  Great  Britain,  that  territory   was  clearly  include.l ;  whether  such  demand    ,mer 

ed  right  of  the  Liuted  States  to  that  territory,  and  does  no.  decisively  refute  the  lat. 
assertions  ofan  exclusive  and  undisturbed  possession  bv  Great  Britain   and  „f  , 
structive  claim  but  lately  advanced  bv  America  ?  '  '  "  '""" 

And  it  might  also  be  asked,  what'degree  of  confidence  the  British  Plenipo.en.iaries 
eould  have  had  m  that  claim,  in  behalf  of  Great  Britain,  so  reluctantly  sug^rr  ,. 
..ever,  o   he   ast  moinent,  n,ontionc.l,  but  by  the  nan,e  .i  cession,  whh  tS  t'er 
an  .,...«/..     .ul  m  tho  shape  of  a  doubt  ?     And  what  was  n.ean    by  tha  1^  1 
tonoi  unse    leU  tcrrUo.y,  not  including  therefore  the  Madawaska  Se.tl     "n    X 

l^nation,  that  theu.  w.s  ,nuch  Uou6t  whether  it  did  not  already  belong  to  GreatHri- 

An  allusion  luis  1,....,.  n.adc.  in  the  British  Slaten.ent.  to  a  letter  writtenbv  oneof  the 
Ameru.r.     ,c„.poten..ru.s  to  his  Government,  subse.p.e,.  to  the  signature  ;.f  tlTu  ! 
ty.      Lvery  thing  contained  ,n  a  letter  of  that  description  is  wholly  irrelevant  to  the 
..uos  lon  ;  since  a  n.ini.sle,,  when  writing  to,  does  not  act  as  the  organ  o    1  iriove 

pcaled,  that    I.e  Amencan  Ple.npotct.ary  was  altogether  mistaken  in  supposing   ,|„ 
e<.mtesed  territory  was  not  within  the  boundaries  of  the  State  of  ^LhuJ! 
-d^on  ly,   that..   ,1,..  |.o„,.|a..y   lines  designated   by  the  previous  publitcto^ 
Great  Jlnlain,  and  adopted  by  the  in-.tv  of  ITS)    1, ,  1     .1  i         "■»  I"  ""i- acts  ol 

.ory  not  included  withi!.  the  ia.teiv    ,     ^  H,       ,   :    T:;'"  ""'''  'r^^'""  "^  '^'- 

..evertbeless  have  undoubtedly  belonged  .:  tln:  Jw;^!':;,'  ^^"""""""  ^^""'" 


if] 


!J 


tl 


■1:   1  or  iiomr  f.nlh.T  ul,KvvMi,.ns  on  tli.il  letter,  ste  Note  1> 


»t  llireiiil  nf  iliii  Stjtemtnt. 


I       I 


a.  ■  kl 


•2 


Nfw  Hriiniwirk 
JuiisJictloo. 


m    ' 


MucIj  stress  cannot  be  laid  on  tlw  opinions  or  acts  of  either  party  subsequent  to 
the  treaty  of  Ghent,  in  relation  to  the  contested  territory  which  from  that  time  became 
an  avowed  subject  of  discussion. 

The  continued  jurisdiction  of  New  Brunswick,  even  after  the  due  north  line  had 
been  surveyed,  has  already  ueen  adverted  to.  The  grant  of  a  tract  of  land  in  the  year 
1885,  and  the  subsequent  arrest  and  trial  of  an  American  citizen,  have  afforded  just 
grounds  of  complaint  But  it  is  remarkable,  that  those  very  acts  afford  an  additional 
proof  of  that  inconsistency  which  naturally  grows  out  of  the  British  pretension. 

No  act  of  the  province  of  New  Brunswick  could  make  a  place  which  lay  West,  to  be 
Eart  of  the  due  North  line,  nor  Uierefore  remove  the  district  occupied  by  the  Madawas- 
ka  settlers  within  the  boundaries  of  the  Province. 

Theonly  thing  which  is  decisively  proved  by  those  acta  is,  that  in  the  opinion  of  the 
New  Brunswick  auUiorities,  the  contested  trrritory  is  not  within  the  boundaries  of 
Canada.  And  they  do  not  seem  to  have  perceived,  that  this  was  tantamount  to  un  ac- 
knowledgment tJiat  it  did  belong  to  the  Unite.'.  States.  For,  if  not  in  Canada,  it  is 
because  the  pretended  highlan  Is,  extending  from  Mars'  Hill  to  the  North- westernmost 
source  of  the  Penobscot,  are  njt  iheSn  uhern  boundary  of  that  Province. 

And  since  the  liouthern  boundary  of  Canada  is  identic  with  the  Northern  boundary 
of  the  United  States,  if  it  is  to  bo  found  North  of  those  presumed  highlands,  and  even  of 
the  River  Madawaska,  the  territory  lying  South  of  it,  and  North  of  the  line  claimed 
by  Great  Britain,  makes  part  of  the  United  States. 

Of  tliis  the  British  Government  seems  at  last  to  have  become  aware.  Hence  the  ef 
tort,  with  the  aid  of  the  fisf  of  Madawaska,  and  of  some  ancient  attempts  which  have 
not  been  renewed  for  more  than  U.irty  years,  to  substitute  to  the  usurped  jurisdiction 
of  New  Brunswick,  a  pretendeil  possession  derived  from  Canada. 

Accordingly,  in  the  "maji  of  the  British  Possessions  in  North  America,  com- 
piled from  documents  in  the  Colonial  Department,  "  and  ordered  to  be  printed  in  June 
1827,  by  Uie  Hou.se  of  Commons,  (e)  the  due  North  line  is  mude  to  terminate  at  ihe 
Risligouche  River;  the  boundary  line  between  the  United  States  and  Canada  is  laid 
down,  according  to  the  British  pretension,  from  Mars'  Hill  to  the  Western  source  of 
ihePenokscot;  and  all  that  lies  North  of  that  boundary  and  West  of  the  due  North 
line,  including  the  Madawaska  Settlement,  is  made  part  of  Canada  and  not  of  New 
Brunswick. 

But,  whilst  trying  to  avoid  the  inconsistency  growinc;out  of  the  usurped  jurisdic- 
tion of  New  Brunswick,  the  Colonial  Department  wa;i,  from  tht  nature  of  .he  British 
pretension,  necessarily  drawn  into  another. 

It  isinproof,that  the  Western  and  Northern  boundaries  of  New  Brunswick,  andtht 
Southern  boundary,  of  Canada  have  not  been  altered  since  the  treaty  of  1783;  (7)  that 
the  legal  North-west  angle  of  New  Brunswick  is  identic  with  the  North-west' angle  of 
Nova  Scotia,  established  in  the  year  1703,  and  n-ferred  to  and  defined  in  the  treaty  of 
1783  ;  and  that  that  angle  is  accordingly  at  the  point  of  intersection  of  the  due  North 
hne  with  the  Highlands  designated  by  the  treaty,  and  forming  the  Southern  bounda- 
ry of  Canada. 

Instead  of  being  on  any  highland,  Uie  NorUi-west  angle  of  New  Brunswick  is   in 
them.,p.n  question,  place.l  in  the  bed   of  the  River  Ristigouche.     And,  forgetting 
-   *'     ■  ■      sunimi"    '■'»'• 


■•  treat}-, 


the  North-west  angle  of  Nova  Scot 


Siummitofthe  North-east  angle   of  the  United  State 


ia  was  also  the 


s,  the  Colonial  Department  ha 


(e)  Engraved  M»p,  No.  45. 
KM.lcnce,  .No.  JI,  «nd  lioven.or'»  Comn.i,.i„n,.  Wrilten  Kvidcncc.  No«.  :),  21,  ,Sr  and  .'5S 


«3 

placed  that  North  ^ast  angle  at  M.rs'  Hill,  fifty  miles  South  of  the  point  where  it.^^^" - 

places  the  North-west  angle  of  New  Bru^s.^ick  orNova  Scotia.    MaL' Hiirthe  pr      '"""■ 

tended  Nor  h -east  angle  of  the  United  States,  so  far  fron,  being  the  North  wtL„^^ 
even  one  of  the  angles  of  New  Brunswick,  but  only  a  poiat'on  one  of  itrbo;,:!; 

ene.  ^O  T'  '"''"""^''''^°''  ''"'«=''«»  ^°  '^'  ^^S^^^"^^^  acts.of  New  Brunswick,  in  refer, 
ence  to  the  territory  within  its  acknowledged  boundaries. 

Supposing  a  due  North-east  line  to  be  drawn  from  Mars'  Hill  towards  the  Bay  des 
Chaleurs  every  place  situated  North-west  of  that  line,  will  of  course  be  North-west  of 
Mars  H.  1;  and  this  last  mentioned  point  cannot  be  the  North-west  angle  of  New 
Brunswick,  if  any  such  place  is  within  the  boundaries  of  that  Province 

Yet  the  jurisdiction  of  the  province  has  uniformly  been  exercised,  both  before  and 
since  the  claim  to  the  contested  territory  has  been  a  subject  of  discussion,  far  North- 
west of  such  supposed  North-east  line,  as  far  at  least  as  the  Fall,  of  the  River  St  John 
and  as  the  River  Ristigouche  above  its  junction  with  the  Matapediac.  Amongst  the 
nunrierous  annexed  documents,  (g)  adduced  in  proof  of  that  fact,  will  be  found  seve- 
ral laws  for  opening  roads  as  far  as  the  Ristigouche,  for  regulating  the  fisheries  ot 
hat  river  generally,  and  for  the  erection  amongst  othersof  the  county  of  Northumber- 
land, and  of  the  Parish  of  Eldon;a..  well  as  grants  of  land  to  Mann  and  others,  on  the 
Ristigouche,  to  John  King,  on  the  Sl  John  at  the  mouth  of  Salmon  River,.and  to  A. 
Stewart   above  the  Great  Falls  of  the  St.  John.     The  position  of  those  various  places 

'"fl     ["»"m  °"        '^'"'"'""  Transcript  of  the  map  A,  and  are  all  of  them  North-west 
of  Mars'  Hill. 

This  last  mentioned  point,  which  is  near  forty  miles  due  South  of  Stewart's  Grant 
was  not  therefore  in  the  opinion  of  the  authorities  of  New  Brunswick,  the  North-wes'l 
angle  of  that  province  And  assuming  the  ground,  that  the  contested  territory  iva.s, 
as  It  IS  pretended  there,  a  part  of  the  province,  the  contradiction  between  that  supposed 
extension  of  New  Brunswick,  and  the  assertion  that  Mars'  Hill  is  its  North-west  angle, 
will  appear  still  more  forcibly,  since  itisevident  that,  in  that  case,  the  North-west  an- 
«lc  must  be  found  on  the  Temiscouuta  Portage,  more  than  one.  hundred  miles  North- 
wp.«t  of  Mars' Hill. 


SECOND  PART. 

THE  BRITISH  LINE  EXAMINED. 

IT 

IF.KMS  OK  THE  TKEATV 


The  Slatt^inout  on  li.f  pact  of  Great  Britain,  resolves  itself  into  an  attempt  to  shcw^  '^"'"'  "'  '"» 
ihat  the  River  St.  John  i.s  not  one  of  the,,  rivers  falling  into  the  Atlantic  Ocean,  which 
were  intrnM  l.y  the  Treaty  to  be  .livided  from  those  which  empty  themselves  into 
the  R.ver  St.  L.wn-nre:  and  that  the  highlands,  described  bv  the  treaty  .is  dividing 
those  nvers  Iron,  eurh  oth.-..  are  .situ.l,..,!  about  liiO  miles  West  of  any  part  of  the 
line  drawn  due  North  from  th.  .sourc  •  of  the  River  St.  Croix,  and  extend  only  from 
the  Nortli-westcrnmo.st  source  of  the  River  P..nobscof,  to  the  sources  of  the  Connec- 
ticut River. 

The  various  reasons  alle-ed  to  sustain  those  two  position.s  have  been  examined 
at  large,  and,  it  .s  b.Iieve.l,  conclusively  refuted.      15ut,  it  was  incumbent  on  Great 


(a)  Sec  Written  Kvidence.  Vg,.  47  „„,!  .,s,  ,,„,,  p^inte,,  sutufe!.. 


J     I, 


,.      1:1 


*^'- 


64 


IVrirM  or  till! 
I  rtviiv. 


Bntain  to  Lave  shewn   in  the  first  place,  that  the  boundary  U„c  claimed,  in  conlorn- 

.ty  With  that  hypothesis,  could  be  reconciled  with  the  terms  of  the  TreatV      The  tru 

quesfon  at  issue,  and  to  which  we  mustnow  revert,  is,  wheti.er  the  North-west  Anl 

hll  r  tT  "'YV'",'""''"'""™"^  '"'"'  '^'''''''y^  '^ '•'''''«''  °"  »■•  near  a  eertain 
hdl  wh.eh  does  not  div.de,  and  is  not,  in  any  direction,  within  lao  milesof  any  hiRh- 
lands  Iha  do  actually  divide  the  rivers  designated  by  the  treaty,  and  whether  L 
boundary  hne  may,  m  conformity  with  tiiat  instrument,  for  three-fifths  of  it^  extent 
from  the  No.-th-west  An«le  of  Nova  Scotia,  be  along  highlands  which  do  no,  .liv  d,' 
those  n vers  irom  earh  other. 

The  North-west  Angle  of  Nova  Scotia,  is,  by  the  treaty,  declared  to  be  -formed 
by  a  hne  drawn  due  North  from  the  source  of  St.  Croix  River,  to  the  highlands  " 

Im^nediately  following  the  last  mentioned  words,  viz:  «  to  the  highlands  "  thr 
word.s  (m  reference  to  the  boundaries,)  are,  -  along  the  said  highlands,  which  divide 
hose  nvers  that  empty  tl,emselves  into  the  River  St  Lawrence,  from  those  which 
tall  into  the  Atlantic  Ocean." 

The  words    -the  s.id  highlands."  idenlify,  therefore,  the  highlands  at  which 
he  due  North  line  termmates,  with  the  highlands  which  divide  the  rivers  snecine. 
Iiy  the  treaty.  ' 

The  East  boundary  of  the  United  St.tes,  is  by  the  treaty  declared  to  be  "  ,  li„o 
»o  be  drawn  along  the  middle  of  the  River  St.  Croix,  from  its  mouth  in  the  13av  of 
iMindy.toits  source;  and  from  its  source,  directly  North  to  the  aforesaid  highlands 
which  div-.de  the  rivers  that  fall  into  the  Atlantic  Ocean,  from  those  whirl,  fall  fntc  the 
Kivei' St.  Lawrence.  i*- mi. 

Thus  the  line  drawn  due  North,  or  di.ectly  North,  f,om  the  source  of  St    Croix 
R.ver,  IS,  in  two  diflc.ent  clau.ses  of  the  treaty,  declared  to  exte.id  to,  and  to  termin 
atn  .It,  the  h.ghlands  which  divide  the  rivers  desig.iatejl  by  the  treaty      Tha*  line  ' 
that  which  forms  the  North-west  Angle  of  Nova  Scotia.     The  Northern  termination 
ol  that  1.1.0,  and  the  .summit  of  that  North-west  Angle  are  identic.     It  appears  imoos 
s.l.le  .0  h.uc  devised  expressions,  that  could,  with  greater  precision,  have  determined 
ihe  position  of  the  North-west  Angle  of  Nova  Scotia,  as  being  that  point,  on  the 
highlands  which  divide  the  rivers  specilie.i  by  the  treaty,  where  the  .said  l.iKhlands 
iue  ,nteis<.clcd  by  the  line  drawn  due  North  from  the  .source of  the  River  St.  Croix 

It  is  impossible  to  form  any  conjecture  of  the  reasons  which  may  be  alleged  in 
(he  I),  l.n  It.  ve  Statement  on, he  part  of  Great  Uritain,  in  oppo.sition  to  tho.se  explicit  -ind 
express  terms  of  the  treaty.  We  can  only  recur  to  those  which  were  alleged  by  'the 
Hr.t.sh  Agent  and  the  B.iti.sh  Commissioner,  under  the  late  Commission:  and  we  mav 
venture  to  assert,  that,  now  as  Ihen,  it  will  be  necessary  to  resort,  not  merely  to  in 
unnatural  interpretation,  but  to  a  positive  alteration  of  the  lerms  of  the  tre  .ty  by  tl.e 
si.l.ti-act.on  .,f.o:nc  of  th.  words  use.!  in  it,  or  by  the  interpolation,  or  sub.sti.ution 
of  other  ixj.res.sions. 

The  British  Agent  a.gued,  without  taking  any  notice  of  the  wo.-d  said,  which 
ident.hes  the  highlands  on  which  tl.e  North-west  Angle  of  Nova  Scotia  is  placed  by 
the  treaty,  w.,h  the  highlands  which  divide  those  rivers  that  empty  themselves  into 
the  R.ver  St.  Lawrenre,  from  ,hose  which  fall  i,„o  the  Atlantic  Ocean;  and  as  if  ,hit 
word  imd  made  no  part  of  that  clause  of  tl.e  ,rea,y.  And,  with  respect  to  the  de 
scr.ption  of  the  Eastern  boundary,  as  contained  in  the  latter  clause,  he  contented  him 
self  with  say.ug.  that  it  must  not  be  construed  literally:  which  .nea..s,  that  that  el-.use 
must  be  considered  as  null,  since  it  is  susceptible  but  of  one  con.struction. 

The  opinion  of  the  British  Commissioner  may  he  considered  as  of  greater  welKh,  • 
:iiid  we  will  quote  his  own  words  fro.n  his  rcjx.rt  to  tl.e  two  Gover.imeiits 

-The  extension  of  the  due  North  line  beyond  the  River  St.  .John,  docs  notaLne.- 
>--.,h  ,hr  words  of  e„her  of  ,he  said  ,rra,ics,  which  direct  ,ha,  the  due  North  line  from 


05 

Ihe  source  of  the  UivciSt.Croiic,  shall  extend  to  the  iiighliinds,  evidently  meaning  the.  'i';™"  "t  ii.. 
first  highlands,  corresjjonding  with  the  subsequent  description,  at  which  that  line  "'°"" 
should  arrive;  for  if  iho  framers  of  the  treaty  had  other  high  landsin  contemplation,, 
turther  North,  they  would  have  excluded  the  first  highlands,  by  an  express  exception 
of  them."  (A) 

Now,  as  the  highlands  lor  whicJr  the  Uritish  Commissioner  contend,*  do  not 
correspond  with  the  subsc-quenl  dcscriptionof  highlands,  viz:  highlands  which  divid.i 
certain  rivers  specified  by  the  treaty;  it  is  clear,  that  what  he  means,  and  the  altera- 
tion is  explicitly  adopted  in  the  British  Statement,  is  to  substitute  the  words,  "the 
first  highlands  at  which  the  due  North  line  should  arrive,"  to  the  terms  of  the  treaty. 
With  respect  to  his  hsi  argument,  it  is  sufficient  to  observe,  that  the  framers  of  the 
treaty,  by  describing  the  highlands  as  dividing  tho  rivers  therein  designated,  did 
exclude  all  other  highlands,  including  the  first  highlands,,  (.so  called)  \vluch  the  due 
North  line  might  meet. 

The  British  Commissioner  further  .says: 

"Had  the  highlands  to  be  met  with  on  the  due  North  line,  Been  intended  to  Ik- 
rt.03e  which  divide  the  river.,,  the  words  of  the  treaty  would  have  been,  due  North 
from  the  source  of  the  St.  Croix  River,  to  the  hi ^r/Jands  which  divide  those  rivers 
whwh  empty  themselves  into  the  St.  Lawrence,  from  those  which  ftM  into  the  M- 
tantic  Ocean. 

"The  reverse  is  the  case;  the  due  North  line  is  to  stop  at  the  highlands,  and  from 
thence  a  secon.l  line  is  to  commence,  (which  two  liuL-s   form  the  North-west  angle  ol 
Nova  Scotia,)  (/)  and  proceed  in  a  Westerly  direction,  along,  or  passing  tho.se  high 
rands  which  divide  the  rivers,"  &c.  &c.  &c.  (k) 

Here  the  Hriti.sh  Commissioner  jiositively  a.ssert.s,  that  it  was  not  intended  that 
Uie  termination  of  the  due  North  line,  (or  North,west  angle  of  Nova  Scotia,)  should 
be  on  the  highlands  which  divide  the  rivers  specified  by  the  trc.tv.  He  insi.st.s,  that 
Ihc  due  North  line  is  to  stop  at  the  highlaml.s  meaning  the  first  highlands  met  by  thu 
line,  and  that  the  dividing  highlands  are  to  be  found  only  somewhere  on  the  line  which 
thence  proceeds  in  a  westerly  diroction.  And  he  states  what  the  words  of  the  treaty 
North  l!r'  '"^  ""^'Hviding  highlands  l^en  intended  to  be  met  by  the  due 

In  order  to  shew,  thai,  instead  of  proving  what  he  wished  to  establish,  the  H.iiish 
tomnuss.onerhas  been  unconsciously  drawn  into  an  admission  that  the  due  North  line 
mustneres,sarily  exten.l  to  the  highlands  which  actually  divide  tho  rivers  specified 
,y  the  treaty,  1,  ,s  sulTicient  to  oomj.are  the  expressions,  which,  he  s;,ys,  should  have 
!>een  use.l,  had  the  intention  b,-e„  su<h.  with  tho.se  actually  used  in  the  treat v  itself 


%  the  Treatjff. 
From.  &.C.    formed    by 


Vropostdlnj  British  Co/n'r. 
Vvom,&.{\  fiirmed  by  aline. 


,.  .     ■  '•       ,    ■■  '  ■""i.tt.r.  uiriiieu  ov  a  line, 

Ine,  (liawn  due  North  iioin;  drawn   .lue  NoHh   Ann,   the 


the  .source  of  St  Croix  Hiver 
to  the  liighlands,  along  Ihe 
va/rf  highlands  which  di- 
vide tiio.si!  rivers  tli.    empty 


source  Ol  St.  Croix  Kiver  to 
llie  highlands  which  divide 
those  rivers  t!iat  empty  tliem- 
.selves  inUithe  Jdver  S|.  l,;nv- 


the.nselves   into    the    Kiver  :  rer.ce,  from   those  which  fall 

rjiV  1  ?T-'T'   !''""1  ,"'"-^'' ' '"t»  »'"-•  Atlantic.  Ocean,  to, 
which  tall  II, to  the  Atliuiticj&e. 

Ocean,  to,  itc.  1 


By  the  Treat  I/. 
Kast  by  a  line,"  to  be 
drawn. from  its  .source,  (of 
the  St.  Croix  Kiver)  direct- 
ly North  to  the  aforesaid 
highland.s.  which  divide 
tho.se  riv<;rs  that  emptv 
themselves  into  the  Hiviji- 
Si.  Lawrence,  from  those 
which  fall  into  the  Atlantic 
Ocean,  to,  &c. 


(A)  Written  iiviilonco,  No.  i,l,  p.ajrt  :j,-\ 

?zj::t:^t'  :■;;  •  t ':*^'"— '"^— ""<-• -n. ..intonate™...,,,  „„:;.;■ 

v.ip-lly  to  th,   (.„„„,.c.,c.,t  H,v.:-.  I,„t  K,  ..war.!.  t,>  tli.-  Itav  .jcs  n,,.xl,un. 
f/^^  \V,-it'r;i  i.;vi,|,.„rc,  \o.  5:!,  p:,.;r  :.~f^ 


ill 


r 


c, 


06 


Terms    of  i}:« 
iVcmy 


This  point  of  departure  bcinir  tijii.s  exprcsslv  (lotennlnn,!   .1.     1         .        ,.      • 
declared   Uv  ihn  (mnt,-    «„  1      /•  ■       '^'''"'-'""3  "ctti mined,  the  boundary  line  s 

According  ,0  the  treaty,  it  is  /....  the  North-west  a„Rle  of  Novfseoti.  thu 

:^a:"t  theZ^  '"'^''  ^^ '" """' '''  "^'^'"^"^^  '^"^^  ^'-^«  ^^^  "'vi-:;- 

According  to  Great  Hri.ain.  it  is  fro.,  anolha-  point,  120  n,iles  distant   that 
1  e  boundary  hne  .«/««,,  the  said  dividing  highlands:  and.  from  Mar«'     H  tl .' 
she  declares  to  be  the  North-west  Angle  of  Nova  Scotia,  the  said  boundary  I.T^- 
.lead  of  beM,g  along  the  highlands,  which  divide  the  rivers  designated  brthe     ea 
.savowed  ly  along  other  highlands,  dividing  other  rivers,  and  connected,  at'^^he  d  sTn  J 
of  120  miles,  with  the  highlands  designated  by  that  instrument 

In  describing  a  boundary  line,  there  are  three  requisites;  the  point  at  which  it 

.egins,  that  ai  v.hich  it  terminates,  and   the  course  or  direction  wl  ich  it  fd^    s  ,1 

uxcn  those  two  points.     The  most  appropriate  words,  those  in  mo^  commo  ;; 

atpmpose,  are  /ro,u,  io,  and  alon,,  or  ,,:fro,n  the  point  at  which  the  line     gins- 

/.tlie  point  at  which,   terminates;  alon,  the  direction,  or  .^  the  course  JS^l 

The  word/.o;«,  both  from  its  etymology  and  uniform  use  when  applied  to  place 
.     at  which  most  precisely  designates  be^.inning,  and  excludes  any  p  s'ible  in     va  ' 
between  the  point  to  w'wch  it  refers,  and  that  where  the  course  o^  direction  ^Z^ 
.0  .he  line,  does  begin.     The  word  «/.^,  as  applied  to  such   cou ^       iSJ, 
.-eans  //.-  u„ole  lengU,,  f>„orou,s  tUc  course  of,  kccjung  cou,,any  roi^tZ:. 
M0tbingel.se,  and  is  never  used  in  any  other  sense. 

The  treaty  having  declared  the  boundary, /^o,,,  ,be  North-west  Angle  of  Nova 
pcoia,/«  the  North-westernmost  head  of  Connecticut  Kiver,  to  be  «/4  the  high 
....  a  which     .vido  the  nvers,  &c.  that  boundary  eai.aot,  without  a  direct  viol    fo  > 
oi  the  express  terms  of  the  treaty,  leave  the  said  higbland.s,  at  any  place,  or  for  any    is 
.uice,  between  thnt  angle  and  that  head:  it  must,  through  its  whole  length.  I  ctwe  n 
Those  two  points,  keep  company  with  and  follow  the  course  of  those  highlands 

^^ha   precludes   any    cavil   respecting   the  obvious  meaning  of  those   enmhali.. 
uoHsn,  the  treaty,  is   tl.at  .here  was,  in  that  respect,  a  delict  in  tbe.r^lir::^- 
..a.  nn.ain,  Irom  wlueh  .be  description  of  the  line  was  borrowed;  and  liiat  that  de 
tec.  was  correce     by  the  f.ameis  of  the   treaty,    who  placed,  in  most  explie        L^ 
.he  beginning  and  ,be  termination  of  the  boumlary  line,  on  the  actual  dividing  high/and^' 
According  to  the  Proclamation  of  1 7«.3,  the  line,  co.ssing  the  River  St   La  wren  c 
-.1. he  Lake  Cbampla.n  in  45  degrees  of  North  la.i.ude,  ;„,  ,,on,  the  high,      , 
wineh    .vide  the  rivers  .ha.  empty  themselves  into  the  said  River  S,.  ^wrenc      "n^ 
-hose  which  fall   mto  the  sea.   „../  aUo  alou,  .lie  North  coast  of  the  Bay  dej  Cha 

This  .Icscriplion  is  vag.ie,  inasmuch  a.-,  it  does  not  prescribe  the  maniKr  in  which 
;h.  line  IS  .0  pass  from  .he  highlands  .0  the  North  coast  of  the  E.3.  des  Chaleurs. 
I  here  ,.  a  e.i.sm.  m  the  description,  behveen  .he  highlandsa.ul  that  coast:  but.  .hough 


!!■ 


ST 

defective  i„th<a  respect,  the  expressions  used  ...  the  Proclamation  do  not  contmdict     r „r  „- 

(no  description.  'i'f:i'y 

The  subsequent  Act  of  Parliament  of  the  year  1774,  declared  the  Province  of 
Quebec  to  be  "  bounded  on  the  South,  by  a  Imc  from  the  Iky  of  Chalcurs,  afong  the 
h.Khlan,is  which  divide  the  rivers  (last  above  mentioned,)  lo  a  point  in  45  degrees  ct 
XNorthern  latitude  on  the  J-Jastern  bank  of  the  Kiver  Connecticut. " 

This  description  was  not  merely  vcgue,  but  inaccurate.     The  same  chasm,  as  i.. 
the  1  rociamation,  was  left  between  the  extremity  of  the  Bay  of  Chaleurs  and  the  di- 
viding highlands;  and  there  was  besides  another,  between '  those  highlands  and  th. 
point  ,n  45  degrees  of  Northern  latitude  on  the  E.sten.  bank  of  the  River  Connecticul 
1  ne  use  of  the  word.s/rom  and  to  wa.s  therefore  inappropriate 

Bultheframers  of  the  treaty  of  1783.  discus.sing  the  terms  of  ainnternation-,! 

ITtonieb      "r"'^-'?^''''  ""  '"-^P"^- -'-''  .night  arise  in  future 
subjuct  of  the  boundaries  might  1k=  prevented,  corrected  the  defects  «f  ,he  former  do 
scription,  and  used  no  expressions  but  such  as  were  strictly  apHicoM.  to  th      "    d    v 
agreed  on,  and  described  in  the  treaty.  oound.irv 

The  manner  in  which  the  line  necess.,ry  to  connect  the  div^  ling  highlands  witl, 
the  Bay  des  Chaleurs  ought  to  have  been  described,  was  foreign  to  tife  subi  ct    n 
o    U,e  treaty;  since  that  particular  portion  of  the  Southern  boundary  of  thcPr  v 
of  Quebec  lay  far  East  of  the  territories  of  the  United  States,   and  m  .d     no  Z  „  • 
their  boundary  as  agree.!  on  by  the  treaty      If  ,.-,.  o  .         i  .      ,  ' 

and  NovaScL,  ifbelonged^,  (^-Hl-tai^:  i;:^:^:^.,  t^"  'T' 
left  indefinite  by  the  Quebec  Act:  and  it  hasalready  been    bse n.d   U    t  w  .      "    7 
sion  s  made  in  the  British  Statement,  to  the  unceHainty  which    ;i;^^^^^^^ 
.n«  the  boundaries  between  those  two  Pi-ovinces,  the  remar     a      ie  T        , "  l^  J 
that  part  of  the.r  boundary,  and  not  at  all  to  any  portion  which  en  ilfect  tl  o        ' 
nes  of  the  United  States,  and  the  question  now-un'der  discus;^  ^  '""""" 

Ihepoint  from  which,   by  the  Quebec  Act,  the  line  along  the  highhuds  wis  to 
jK.mmei.cc,  was  not  on  the  highlands,  and  the  word  from  was'heiefort  i^pl       u 
But   hefraniersof  the  treaty  placed,  in  the  most  precise  and  express  termsXpoini 
at  which  the  line  along  the  highlands  was  to  commence,  that  is  to  say,  the  Nor, Iw  s 
angleof  Nova  Scotia,  on  the  actual  dividing  highlands,  and   to  that  .oin,.  e 

le  wor   /,w.  wasstriCiy  applieahle,  an.l  the  appropriate  oneto  be  L^     n      ;  „      ! 

Nova  Scoti.,   or  place  ot  beginning,  on  thedividing  highian.ls.  ,l..t  i,  might  have  t 
a  ie,ed,  that  the  words/..,.,,  «/.,.,  „,„,  /„,  ,,,  „.„  ;,     ,     „^.  ^^^^        ^       ^^ 

dary  l.ne  being   through  its  whole  extent,  along  the  highlands  which  di   ide  ,t . '  • 
designated  by  the  treaty.  '^  "u  inu;, 

Thus  in  a  public  Ac,,  designating  a  boundary  line  as  extending/.^,,,  Stum.rd 
along  the  Rhine  ,o  Cologne  the  description  would  be  defective,  and'.J.e  u-ordT' 
.mproperly  used,  s„,ce  S.u.gar.l  is  not  on  the  Rhine:  and  it  would  be  absurd  lu.  " 
o  argue  that  n.  another  public  Act  .leohuing  the  boundary  to  be/.«,«  Basil.  ,  ll  !  Z 
Rh.i^  /«  Cologne.  It  might  from  Basil,  for  one  half  of  U.e  distance  /.  Cologne.  1  le 
another  direction  than  ii/oiii,'  the  Rhine.  pmsut 

»"t  'I'eoare  with  which,  whilst  adop.ing.ho  poin,  in  45^  North  latitude  on  ,he 
nnk  of  the  Connecticut  River,  the  framers  of  th.  treaty  cor.-ectod.  in  ,h,,t  par,  , 

bcnnidary    ,he     elective  description   of  the  (Quebec  Act.   allbr.ls  the  most  lo  J    ,   I 
proof  oMhe  deli  eia.e  a„ention  which  they  pai.l  ,o  the  subjec.  and   that  the      o   , 
fro,n,a;o.^,  and  /.,  wer.   not  inadvertently  introduced:  Mnce.  fully  aware  o,,hI 
.mport,  the  negoliators  alteivd  the  description  of  ,he  boundary,  so  a.,  t^  n.ake  i,    v     I 
correspon<l  with  the  ,n,e  ,nd  only  appropriate  meaningof  th;so  ,,o,vN 


i^:^ 


(i8 


„    'I'l'ijiH   cjf    lf;o 


.;„.    ^;.^"'"'':'''«'>  '«''-'"  "'«'^'«'''  ll'''t  ll'c  correction  con,,i«ted  in  ptacinff  the  termin.- 

':  ti ':  I T"^'  r""'^  "'""•^  '"^  "''''^""■"■^*  ^^  ♦'^-^  pointier 'he  boui; 

ner««sar.ly  leave  f hem,  that  is  ,a  sny,  at  the  source  of  .he  Connecticut  Hiver,  and 

dle  of  that  river  to  the  45th  degree  of  North  latitude. " 

Another  conclusive  proof  of  the  meaning  of  the  word./n,,;,,  alon^,  and  to,  as  uh«,. 

1       e  ho  r  ""?'■"''' "'*'■"""'"  "•=  •-«'"'-«.-"-.  ""1  termination 

.Je  u«  d  f^r  T'  "     "      '"  "^^'*"''^"»"''"'  ■'-»«  "f  'he  name  article,  in  which  they 
are  u«  d  for  the  same  purpose,  and  in  the  same  express  sense,  not  less  than  eight  timrs. 

n,i  1 .1'  "^r  T  ^"'■"'-^^'''"^'•"'"'"•t  head  of  Com.ecUcut  River,  thence  down  along  th.. 
nuddle  of  that  r.v<,r  /o  the  45th  degree  of  North  latitude."  ^ 

Lake'iwio."''  '""'"""'  "■"^'""'■"•'"-^^  M..ra«/.„^  tho  middle  of  said  river  inio. 

*:  '/'he  communication  by  water,  between  that  lake  and  Lake  Erie;  (hence  alomr 
the  middle  of  said  communication  info  Lake  Erie. "  ^ 

the  n!Li!iler''^'T"'"''''"'"^ '''"*'" '''"^  ""'   Lake  Huron;  ihence  afon., 

tnc  mi(i<Ue  of  snd  water  communicaUon  info  tho  Lake  Huron. " 

Slid  RKv^'m'''""  ^"'■"''"'PP;'  '''^"^''  ''>'  »  "»«  ^»  he  drawn  «/«n,,.  the  middle  of  the 
iris  WhtZj;:"'^''"  ^'^""'"'^"'''^^  the  Northernmost  pare  of  the  3Ut  de- 

n.nct;ir!:i,^ri?;!;;:'iw::' ''  "'■  ""'*'""'" ''""" "'""'  "^  -^'•^^•"^  ^"^-"^  ^^^  '^^ 

the  Athntic^Ocil/'"'"'  "'"'  '""'"  '""  "'"'^  ""  '""'"'''  "'"  "^^  ^^"''J''^  «'->•  '*> 

"East,  by  a  line  to  be  .Irawn  a/ongiUo  middle  of  the  River  St.  Croix,  from  its- 
mouth  .!,  the  Bay  of  Fundy  fo  its  source." 

In  this  last  instance,  the  words/r«„.  and  «/o;,,ir  are  used;  in  the  others,  the  words 
^.rc//,<.«reand  a/ong.  Tho  mode  of  reasoning  generally  adopted  by  the  British 
Agents,  under  the  late  Commission,  renders  it  perhaps  necessary  to  observe,  that  the 
^vonlfAencc,  as  applied  to  place,  means/ro/«  that  place,  from  that  point;  and  that^ 
Uierelore,  the  words/mm  n  cet-fain point,  and  tlutnce,  as  applied  to  a  point  just  before 
mentioned,  are  synonymous. 

It  will  not  be  dcnietl  that,  in  every  one  of  the  instances  which  have  been  quoted, 
li.e  boundary  l,nc  was  to  extend  wiUiout  chasm  or  interruption, /rOTw  the  point  of  de- 
parture, a/o«^^thc  defined  river  or  water  communication,  /osome  other  specified  point 
or  place.  Thus,  m  the  last  instance,  the  line  does  begin  at  the  mouth  of  the  River  St 
broix,  and /row  that  point  extends  without  any  interruption,  aiong  the  .>  iddle  of  the 
said  nvcr  to  its  source.  It  is  the  same  in  all  the  other  instances.  And,  in  like  mann  t, 
the  boundary  l.nc  beginning  at  the  North-west  angle  of  Nova  Scotia,  must,  according 
to  the  lrcaty,//-ow,  that  point  extend  without  any  interruption,  «/o«,ir  the  highlands 
which  divide  the  rivers  designated  by  th,.  treaty,  to  the  North-westernmost  head  of 
( .onneclicut  River.  To  deny  this  would  not  It  V-ss  repugnant  to  common  sense,  than 
It  11  was  assert.. d  that  the  Easlern  boundary,  ui.ste.id  of  keeping,  through  its  whole 
extent,  from  the  mouth  of  the  River  St.  Croix,  to  its  source,  ulon^  the  middle  of 
that  river,  might,  in  conformity  with  the  treaty,  have  been  a  straight  line,  from  the 
mouth  of  the  river  to  the  junction  of  its  North  and  West  branches. 

The  extraordinary  manner,  in  which  the  British  Agent,  under  the  late  commission, 
atlemiiled  to  evade  that  express  jjrovision,  affords  another  proof  of  tlie  impossibility 
of  reconciling  the  pretension  of  Great  Britain  with  the  terms  of  the  tix-aty.  He  has 
simply  proposed  to  alter  the  expressions  use.l  i„  the  treaty,  and  he  has  suggested  acve.- 
i;il  ways  of  doing  it.  ' 


69 


1.  The  words  usorl  it.  th.;  treaty,  viz:  "  NoriK  to  the  liinhlnml.s"  arc,  li 
idciitly  to  l)e 


says 


>T 


prstood  iia  iniuiuiing  mar  iiic  i\ofth  line  should  terminate  when- 
ever it  reached  the  high'liuuLs,  which,  in  any  part  of  their  extent,  divide  the  waters 
mentioned  in  the  treaty."  (/) 

2.  Wliat  he  rails  the  intention  of  the  treaty,  will,  he  siys,  "he  literally  efli-ctu- 
atcd  hy  n  very  small  variation  of  the  expression  actually  made  use  of  in  this  regard, 
namely,  by  describing  the  stTon^J  line  forming  this  angle  in  the  following  wonis,  that 
is  to  say;  along  the  said  highlands  where  they  divide  those  rivers,  &c.  the  expression 
uolually  made  use  of  is,  along  the  said  highlands  wAicA  divide  those  rivers."  (m) 

:i.    "The  tnie  intention  of  the  treaty would  clearly  be 

ascertained  by  the  following  obviously  plain  and  natural,  and  nearly  literal,  construc- 
tion of  its  phraseology,  namely  ;— It  is  hereby  agreed  and  declared  that  the  following 
are  and  shall  be  the  boundaries  of  the  United  States,  viz  :  from  the  North-west  angle 
of  Nova  Scotia,  viz:  that  angle  which  is  formed  by  a  line  drawn  due  North  from  the 
.source  of  St.  Croix  Kiverto  the  line  o/the  highlands,  along  the  said  highlands  which 
divide,"  &c.  (n) 

4.  Finally,  the  Agent  proposes  to  reverse  the  description  of  the  boundary.  "  Let 
then  the  tracing  of  the  boundary  in  this  qnarter  be  made,  from  the  North-westernmost 
head  of  Connecticut  River,  alons^  the  highlands  which  divide  those  rivers,  &c.  to  the 
North-west  Angle  of  Nova  Scotia,  v\z:  that  angle  which  is  formed  by  a  line  drawn  due 
North  from  the  source  of  St.  Croix  Hirer  to  the  highlands."  {») 

In  this  last  versici,  the  British  Agent  has  not  interpolated  new  words,  but  be- 
sides reversing  the  line,  he  has  omitted  the  word  said,  which  identifies  the  highlands 
which  divide  the  rivers,  &c.  with  those  to  which  the  due  North  line  is  declared  to  ex- 
tend. 

It  is  not  ncces-iary  to  inquire  whether  the  alterations  thus  suggested  would  answer 
the  purpose  for  which  they  are  intended.  They  have  been  adverted  to,  only  to  shew 
the  vai  ious  attempts  of  the  British  Agent,  all  of  which  consist  in  an  actual  alteration  of 
the  exprersions  of  the  tre.itj'. 

But  even  his  ingenuity  was  at  fault,  with  respect  to  «  the  words  descriptive  of 
the  F^astern  boundary  of  the  United  States;"  and  he  says:  "These  words,  taken  in 
their /«7pm/ and  individual  signification,  would  involve  a  construction  altogether  in- 
consistent with  other  parts  of  the  treaty,  and  toith  facts  at  the  time  ufithin  the  knoiv- 
ledc;e  of  the  framers  of  it,  and  if  the  foregoing  observations  upon  the  first  descrip- 
tion of  this  part  of  the  boundary,  be,  as  they  are  presumed  to  be.  correct,  these  word.s 
descriptive  of  the  Eastern  boundary,  must,  of  necessity  be  interpreted  in  a  corres- 
ponding sense."^ 

What  that  intended  interpretation  sliould  bo,  the  British  Agent  does  not  state.  But 

as  those  descriptive  words,  viz:  "a  lino  to  be  drawn 

from  the  source  (of  the  River  St.  Croix)  directly  North  to  the  aforesaid  highlands  which 
divide  the  rivers,  &c.  are  susceptible  of  no  other  construction  but  that  "literal  and 
individual  signification"  to  which  he  objects,  and  as  he  hail  no  othci  object,  but  that 
of  placing  the  termination  of  the  due  North  line  at  another  point  than  on  the  aforesaid 
dividing  highlands,  it  is  clear  that  his  construction  consists  in  striking  off  the  obnoxious 
clause  altogether. 

The  British  Commissioner  states  the  claim  laid  before  the  board,  on  the  part  of 
His  Britannic  Majesty,  in  the  following  words,  viz:— "That  the  North-west  angle  of 
Nova  Scotia  should  be formed  by  the  intersection 


Tfrmi   of   ilrt 


(/)  Ilritisti  Agent's  First  Memorial.     Written  Evidence,  No.  55. 
("»)  Hritisti  A>,'uit's  Siippl.-meniarv  Arsuinent.     Written  Kviilencc,  No.   55., 
(n)  Brilisli  ARrnfa  Rrply      Wrttcn  Evidence,  No.  55 
(o)  Written  Evidence,  No.  55. 


^>i 


i         ..   a  I 


In 


'    I 


70 

J™  •'  ""  of  a  lino  drawn  .luc  North  from  tho  source  of  the  Hiver  St.  Croix,  with  a  line  rum.ii.u 
from  the  North-westernmost  head  of  Connecticut  River,  along  the  l.i^hlun(l.i 
........     which  .liviclc  tho  rivers  Chaudiore  and  Do  Loup,  falling  i„. 

to  the  R.ver  St.  Lawrence,  from  the  liverH  Androscoggin,  Kennebec  an.l  l>enoh.,cot 
fnlling  :.",to  tho  Alianiic  Ocean;  ,v»,M  /ine  htinfccoutinuedalnnif  the  htKhlnmh  in  thu) 
quarter,  in  such  mannfr  as  to  leave  nil  tho  sources  of  all  the  branches  of  tho  aid 
Kivers  Androscoggin,  Kennebec  and  Penobscot,  South  of  such  line,  and  within  th.- 
terntoncs  of  the  United  States,  until  it  meets  the  said  line  drawn  due  North  from  the 
source  of  the  River  St.  Croix,  at  or  near  Mars'  Hill."  (p) 

This  is  an  explicit  commentary  on  the  third  version  of  the  British  Agent  The 
line  is  reversed,  and,  wn.-t ,  K  av.s  (I  ,-  highlan.ls  prescribed  by  the  treaty,  it  is  to  bt 
fontmued  along  other  highlan.l ,  -  hich  do  not  divide  rivers  fall-ng  Into  the  Atlantic 
Ocean,  from  those  tvhioh  empty  themselves  ipto  the  River  St.  Lawrence. 

The  British  Ccmmissioner  decides  in  favor  of  the  British  pretension,  and  sustains 
ins  decision  in  the  following  words-viz:  «'  It  is  obvious  that  the  order  of  description 
in  the  treaty  of  1783,  was  reversed  from  tho  proclamation,  its  prototype;  and  hence 
arises  the  error  of  the  agent  on  the  part  of  the  United  States,  who  contends  that  the.  du. 
North  line  froni  the  source  of  the  River  St  C,c>.  ,.  to  *.e  extended  until  it  arrives  or 
Highlands  which  divide  the  Rivers,"  &c.  &c.  &c. 

"  But  this  is  not  the  fact,  the  words  of  the  treaty  are,— duo  North  from  the  source 
of  the  St.  Croix  River  to  the  highland.s,  along  the  said  highlands  which  divide  those 
rivers,"  &c.  &c.  &c. 

"Now  what  does  the  word  'alonp.'in  its  ordinary  signification  import?  Cer- 
tainly a  continuation  of  those  highlands,  in  which  continuation  will  be  found  highlamis 
which  divide  tho  rivers,  &e.  &c.  &c.  Indeed  the  word  along,  used  in  tho  treaty 
of  1783,  is,  in  this  instance,  synonymous  with  the  word /ww/nic,  in  the  proclamv 
tion."(y) 

We  have  not  been  fortunate  enough  to  comprehend  clearly  this  reasoning.  The 
word  passing  is  not  used  alone,  or  instead  oi along,  in  tho  proclamation:  the  words 
there,  are,  that  the  Wna  passes  along.  According  to  the  Commissioner,  the  word  along 
is  synonymous  both  with  passing  and  continuation;  which  two  last  worLs  are  of 
course  also  synonymous^  and  what  he  would  gain,  by  substituting  the  word  passing 
or  passing  along,  to  the  word  along,  is  not  perceived. 

But,  that  along,  in  its  ordinary  signification,  or  in  any  case  whatever,  imports, 
or  ever  has  been  used  in  the  same  sense  as  continuation,  cannot  be  seriou.sly  asserted.' 
What  the  British  Commissioner  intends,  is,  under  color  of  artixing  (o  that  word  .a 
sense  which  it  never  had,  to  suggest  the  insertion  of  the  word  continuation.  And  the 
article  would  then  re.id  "  due  North  from  the  River  St.  Croix,  to  the  continuation  of 
the  highlands,  along  the  said  continuation  fl///ie  highlands  which  divide  the  rivers  " 
ic.  ' 

Instead  of  the  words  "  continuation  of, »  the  sufrgestiou  in  the  British  Statement, 
IS  111  reality  to  insert  the  words  "  which  connect  themselves  with:"  so  that  the  arti- 
cle would  read,  "along  the  said  highlands  ivhich  connect  themselirs  with  the  high- 
lan.ls  which  divide  the  Rivers,"  &c.  But  care  has  Ireen  taken  not  to  bring  that  inter- 
l.olalion  ill  full  view,  by  avoiding  any  such  discussion  of  the  terms  of  the  treaty  as  had 
been  hazarded  by  the  former  British  Commissioner:  and  the  argument  proceeds  as  if 
the  essential  condition  of  dividing  from  each  other  the  rivers  therein  dcscril>ed,  in  re- 
lerenee  both  to  the  North-west  angle  of  Nova  Scotia,  and  to  the  boundary  line  along  the 
Highlands,  made  no  part  of  the  treaty. 


(/))  Written  Evidence,  No.  53.  p.  .'.71. 
'yl  Wriitrn  Evidence,  N'o.  53,  p.  375,  376. 


71 


UiU  without  rvnn  adverting  to  tlic  miniaiuiKciiljle  (ksrription  of  the  Eastern  boun- 
dary, wiiirhmiever  of  llinw)  vurimis  readings  may  he  gclectoti; 

Whether  to  int».M()i)latc  coniewherc  •ho  words  "  such  line  being  continued  along 
the  Mghlands  in  Hint  f/iinrler;" 

Or,  to  rtvcrse  the  dcdrription  and  to  omit  the  *vord  '*saii/:" 
Oi ,  to  in!«Tt  inittcad  of  th<!  words  "  to  the  highlancU,"  either  "/o  the  line  of"  or 
"to  the  continuation  o/ihe  hi^hland«i" 

Or,  to  substitute  to  the  words  "  highlands  which  divide,"  either  "hinhiands /o 
the  place  where  they  divide,"  or  "  hinblands  lohich  connect  themseloen  with  high- 
tands  which  divide,"  or  "highlands  which  in  their  H cstwardly  course  divide,"  or, 
"  highlands  which  in  any  part  of  their  extent  divide;" 

Or,  to  siiftKC'st  wlialever  other  mode  in^f  nuity  may  devise;  it  is  clear,  that  hgh- 
laniij  which  do  not  divide  certain  sfH-citicd  rivcrB,  though  on  the  line  of,  in  continua 
jion  of,  or  connected  with,  are  not  the  hi^lilands  which  divide  those  rivers. 

With  leave  tiuis  to  alter  in  somf  way  or  tnotlier  the  termi*  of  a  treaty,  it  may  be 
bent  to  any  constmction  whatever.  And  it  is  hardly  necistary  to  observe,  that  inter- 
polations, omissions,  or  alterations  in  its  expressions,  arc  not  an  interpretation  of  a  treaty, 
but  the  suhntitution  of  other  provisions  to  those  prescribed  by  the  instrument. 

The  assertion  that  llw  liritisih  line  does  actually  divide  the  river*'  designated  by 
the  treaty,  is  also  founded  on  a  glaring  perversion  of  the  meaning  of  the  term  "to 
divide." 

It  will  ')e  set'ii,  by  tiic  map  A,  that  the  Imundary  line,  claimed  by  Gr«}at  Britain, 
from  Mars'  Hill  to  the  sources  of  tiie  Chaudierc,  divides,  through  nearly  its  whol  ex- 
tent, the  sources  of  the  Penobscot  River  from  those  of  the  Southern  tributary  streams  of 
the  River  St.  Jotui.  And  it  is  declared,  in  the  concluding  paragraph  of  the  tirst  branch 
of  the  Hiitish  Statement,  that  (Ireat  Uritain  claims  that,  from  Mars'  Hill,  "the  line  of 
boundary  of  the  United  States  he  traced  South  of  the  River  St.  John  to  the  North- 
westernmost  head  of  Connecticut  River,  at  the  heads  of  the  Rivers  Penobscot,  Kenne- 
bec, and  Androscoggin,  which  rivers  Great  Britain  maintains  to  be  those  intended  by 
the  Treaty,  as  the  rivers  falling  into  the  Atlantic  Ocean,  which  are  to  be  divided /rom 
those  which  empty  themst  Ives  into  the  Riper  St.  Lawrence." 

Was  it  by  this  intended  to  assert,  that  a  line,  which,  for  a  distance  of  one  hundred 
miles,  divides  the  sources  of  the  IViiohscot  from  those  of  the  St.  John,  is  a  line  which 
divides  the  sources  of  the  Penobscot  from  those  of  rivers  which  empty  themselves  into 
the  River  St.  LawTence? 

The  British  Commissioner  declares  it  also  to  be  evident,  "that  the  line  extend- 
ing thence  (from  Mars'  Hill)  along  the  highlands,  in  a  Westerly  direction,  described  by 
the  red  line  on  the  general  map  made  by  his  Majesty's  Principal  Surveyor,  (r)  (being 
the  same,  as  the  red  line  on  map  A,  claimed  on  the  part  of  Great  Britain)  does  divide, 
as  directed  in  and  by  hot li  tho.se  treaties  (that  of  1783  an  i  thai  of  Ghent,)  the  rivers 
which  empty  themselves  into  the  River  St.  Lawrence,  from  those  which  fall  into 
the  tJtlantic  Ocean;  thus  in  every  particular  sa//>v/^i;i^  //le  won/*  of  the  above  named 
treaties,  and  corresponding,"  &.c.  (.«) 

It  seems  lo  have  been  intended,  by  Ih.it  paragraph  of  the  British  Statement,  and 
by  that  dictui  >  of  the  British  Commissioner,  to  assert,  that  a  line  along  the  sources  of 
the  Penobs(  I  ,  in  its  origin  at  .Mars'  Hill,  100  miles  distant  from  any  of  the  rivers  that 
empty  themselves  inlo  the  River  St.  Kinvrence,  and  which,  at  \\»  termination  only, 
reaches  the  highlands  in  which  any  of  those  tributary  rivers  have  their  sources,  does, 

(r)  Tlie  map  litre  alliiilcd  to,  not  having  been  ailnuUcd  to  be  (ilcil  by  the  Board  of  Commisaionerr, 
has  not  liccn  ailduccd  in  i'\iilcnfc 


Trrmt  «if    iliii 
Tiooty. 


:  ■ 


(s)  WrUtrn  KvidoiKr,  No.  5.',  p.  "73 


m 


n 


T»rm«  0/   tkt 


tlu„ughiu  whole,  cxienl,  actually  .lividc  Ihn  upper  brancl.c.  of  the  Pcn„lH,cot  from  Ih. 

rivcM  that  lull  into  the  Hivt-r  St.  I.twivnce. 

The  u-rin  "(o  Ji,'i,/e"  Im  there  made  -.ynonymo.i*  with  that  "lo  lie  hfl„>rr„  " 
Whatever  .loei  a.  vi.lc,  (or  «r,«.ratt-)  must  lmconligt.ou.i  to  both  the  thi.m,  which 

are  to  U-.  divided,  (or  ieparatcd)  cue  from  the  other. 

A  line  can  divi.le  no  other  (erritorie,,.  (or  mirface,,)  from  each  other,  hut  .urh  ., 
are  eont.guou,  one  to  the  other.  If  not  contiguous,  they  are  .l.vid..l,  not  by  a  line, 
but  by  the  intervcnmn  territory  (or  8urfaco. ) 

In  ihi^  instance,  the  rivers  which  empty  thein-eives  info  tlu  River  St.  Lawrence 
are  divided  from  the  wjureca  of  the  up|H'rbrnnclie..ofthe  IVnobscot,  lot.  by  the  hiuh 
Ian,l.s  which  divide  the  fir«t  mentioncl  river.  Iron,  the  Northern  tribuUry  .trenm«  of  the 
St.  John;  a.lly,  by  the  entire  ha.sin  of  the  River  St.  .lohn;  rjdiy,  by  the  highland,  whi.h 
divide  the  Southern  tr,huU.ry  atreaina  of  this  river  from  the  up,K..r  branches  of  the 
lenobscot 

These  last  mentioned  highlands,  which  arc  tho.sc  claimed  by  Great  RriUin  as  the 
boundary  line,  divi.le  no  other  river.,  from  each  other,  but  tho«cof  the  Penol«cot  and 
01  the  St  John.  They  divide  the  rivers  that  fall  into  the  AUantic  Ocean  from  thoac 
which  empty  into  the  River  St.  Lawrence,  in  the  same  manner  pn,ciselv,  a.  the  Thame, 
divides  Surrey  from  Suffolk,  and  as  the  Rhine  divides  France  from  Polan.l  Yet  thai 
as.st.rtion,  if  it  was  so  intended,  is  the  only  attempt  which  has  been  made,  in  the  British 
Statement,  to  reconcile  the  pretension  of  Great  Britain  with  the  terms  of  the  Treaty 

It  has  teen  our  intention,  in  this  section,  to  reduce  the  que.stion  to  iti,  simplest 
terms,  by  shewing  that  the  line  claimed  by  Great  Britain,  as  the  bouudary  betweet!  her 
dominions  and  those  of  the  United  States,  is  wholly  irreconcilable  with  the  expre*! 
provisions  of  the  treaty. 

It  is  not  deemed  necessary  to  advert  again  to  the  impossibility,  that  Mars'  Hill 
•onsidering  its  position  in  relation  to  the  Western  extremity  of  the  Baydes  Chaleurs 
should  te  the  North-west  angle  of  Nova  Scotia.  But  it  is  proper  to  rviKat,  that  the 
description  in  the  treaty,  of  highlands  <lividi„g  certain  specified  rivers,  applies,  not 
only  to  the  boundary  between  the  United  Stales  and  Great  Britain,  but  also  to  that 
portion  of  the  Northern  boundary  of  Nova  Scotia,  which,  extending  Ewtwardly  from 
the  summit  of  the  angle,  does,  according  to  the  treaty,  form  the  North-west  angle  of 
Nova  Scotia.  It  is  preposterous  to  say,  that  a  line  described  as  dividing  rivers  from 
each  other,  may  intersect  the  largest  river  in  the  Province,  an.l  that  the  bed  of  that 
tiver  may,  m  any  sense  of  the  word,  te  deemed  "highlands."  An.l  a  mere  insnec- 
lon  of  Map  A,  or  of  Mitchell'.s  Map,  is  sufficient  to  shew  that  no  lin,  can  be  .Irawn 
from  Mars  Hill,  in  an  Ea.sl  wardly  or  North-eastwardly  direction,  which  will  not,  with. 
m  less  than  ten  miles,  intersect  the  River  St.  John  and  sink  to  its  level 


§  9. 

INTENTIONS  OF  THE  FR.VMERS  OF  THE  TREATY  OF  1783. 

Inlcnlions.-Th^  terms  of  the  treaty  were  too  explicit  to  admit  the  sunposilioi. 
M.at  they  conveyed  a  meaning  differentfrom  that  intended  by  the  negotiator.  The  at- 
tempt, loappcalfrom  those  terms  to  intentions  gratuitously  ascribed  to  those  Ministers 
has  accordingly  failed  altogether.  ' 

The  broad  assertion,  (/)  that  they  intcn.le.l  to  assign  to  each  Power  the  whole  of 
the  rivers  which  had  their  mouths  in  their  Territories,  respectively,  has  not  only  been 


.0  BritJsli  SUtement,  {Migc  10  and  p«stun. 


-huw  n  to  Im  iiii.MipjiorUMl  by  any  proof  or  fviilcncc  whatever  to  timt  effect :  but  it  bn»    '•'••••i'  - 
b.'1-n  (lecinivply  n.r.il.Ml  by  ih.^  neiipri.1  l.-iior  of  Ih."  IriMty,  (lirounh  tta-  n-bole  of  which 
liirrc  ix  a  (-(inMant  df|)artiirc  from  timt  |)r.-t.'H(h!<l   «•  main  object"  of  iho  negoliatori*. 

It  hns  likcwiw  lM>en  conchmivcly  thown  that  they  did  not,  in  oriler  to  eflcct  that 
purpoiM-.  iMMlciul  of  dclininn  the  boiindnr)-  nhiOK  tlic  biKblnnd.t  in  termn  corr.!4pondin(t 
with  IhM  prcsunud  iiit.nti.m,  r.«M)rt  to  thr  MiiRidar  mode  of  dewribinK  'I'f  Uiver  St. 
Croix  M  hiivinK  'I-  mouth  in  the  May  of  Fundy,  {u)  and  of  <le»iKnatinK,  in  another 
claiiw,  the  Gulf  uf  SI.  Lawrence  by  it.n  oiK-cilii  name :  there  beiii«  i,i  both  inMancef* 
miflTici.-nt  rca,son»  for  thoHf  »i)eci(ic  d.-mgnationn,  wiiich  inten.hMl,  where  uned.  for  a 
particular  purpon...  were  wholly  inapplirablo  to  the  elauM  in  which  that  boundary  wa.i 
dencribed,  and  ootd.l  not  affect  the  obvioui^and  incontrovortiblsMin.se  ol  the  term*  used 
in  the  doKcription. 

The  vague  and  iudeterminate  meanins;  of  the  term  "  hinhlaniU,"  when  used 
alone,  gave  an  opportunity  for  attempting  to  prrplex  the  md)j.Tt.  (r)  To  try  to  awer- 
tain  the  import  of  a  word  in  a  particular  wnt.-noe,  l)y  lonsi.lering  it  apart  from  expre.-t. 
MionN  which  are  there  its  inseparable  adjunct,  munt  nerewarily  lead  to  an  erroneous  re- 
.-ult.  Hut  it  has  also  been  derisively  shrwn.  thai  the  franiers  of  the  treaty  had  not  a 
"generally  mountainous  country"  in  view,  and  timt  the  term  "highlands,"  either 
in  its  general  sense,  or  in  that  which  ha^  Iwen  consecrated  by  local  usage,  was  ine 
most  appropriate  which  roul.l  have  Iktu  s,.|erte<l,  for  the  purpose  of  .hsignaling,  with- 
out reliience  to  its  ut)solute  elevation,  any  ground  which  divides  rivers  from  each 
other. 

The  inferences  attempted  to  be  deduced,  from  (I..'  proposal  oi,  th,.  part  of  .America, 
to  miike  the  River  St.  John  the  boundary,  from  tiu-  Canadian  origi>.  of  the  Fief  of 
-Madawaska,  and  from  the  incongruous  aot.-i  or  olfempts  of  the  Uriti,h  Provinces,  i\o 
not,  it  is  believed,  require  any  notice,  (ir) 

There  was  no  necessity,  on  the  part  ol  the  lolled  Slates,  to  ir.sort  to  th(!  inten- 
tions of  the  framera  of  the  treaty.  Yet  iJioy  have  l)ccn  anxious  to  shew  that  their 
reliance  was  not  exclusively  on  Ih..  k-U.-r  of  that  instrument,  that  the  expi-essions  us«.d 
in  describing  the  boundary  were  not  carelessly  aiul  inadvertently  adopted,  and  that  the 
boundary  claimed  by  them,  was  that  which  alone  could,  at  the  tin.e,  liave  been  i.i- 
leiided  by  the  parties  to  the  treaty. 

With  that  object  in  view,  it  was  proved,   in  the  First  American  Statement,  that 
the  true  intention  of  the  two  Powers  was,  to  confirm  the  boundaries  disignated  in  the 
Wiarler  of  Massachusc^tts'  Hay,  as  defm.-.l  on  the  Kast  bj-  the  Commissions  of  the  Gover- 
nors of  Nova  Scotia,  and  a»  modifieil  towaiils  the  North  by  the  Proclamation  of  17(iJ 
and  by  the  Queliec  Act  of  1771.  ' 

The  CIkuUt  of  Massachusetts'  Kay,  the  antecedent  Public  Acts  of  Great  Britain, 
and  the  subswpient  Documi'iiLs,  prior  to  the  Proclamation  of  1763,  have  been  adduced 
principally  for  the  purpose-  of  .shewing  the  coherence  and  connexion  of  the  title,  and 
that,  notwithstanding  .some  efforts  made  to  encroach  on  the  Chartered  Boundaries  of 
Mas,sachusett.s'  Bay  along  the  sea  coast,  that  Colony  had,  from  the  time  when  Nova 
Scotia  was  si<i>arated  from  if  till  the  year  1163,  continued  to  be  bounded  on  the  East 
by  the  Western  boundary  of  Nova  Scotia,  and  on  the  North  by  the  Hiver  St.  Law- 
rcnce. 

It  must,  at  the  .same  time,  be  distinctly  understood,  that  there  is  no  intention  to 
di.stu.ss,  if  at  all  controverted,  any  abstract  tpiestion  of  right,  which  m.iy  have  been  in- 
cidentally referred  to,  as  making  part  of  the  history  of  the  case. 


(b)  British  8fatcment,pajrt  34.  Sumiiuiry  of  Arijuments,  lal  Arjoimciit 

(*')                   ""•  do.                   .?th  Arpinu-nt 

''")                    U"-  do.. 

T 


-M,  3d,  &.  -nil  Artr<imrnt9. 


U' 


i    u 

f- ''  ^ 

%  i; 

liili 


74 

,.0  J  ,!,>!;,,"."';" •''  •'"""  '"  ''''  ^'"«  ^°  "'"^'-  ^'^^  ^'""-^-^^  -••  "''erever  that 

'•e  put  in  possession  of  West   Florida  "  (v)     Tl...f  P  ?  "'""''"  °' 

■  realv  cedo.l  by  Great  Hrit^in  to  ^^  -f  ^  r  """'"  '"*'  ^>'  ''''^  '''=«'"tive 

This  separate  article,  extremely  inconvenient  in  itself    ,n^      i.-  i 
I'roved  particularly  offensive  to  S,,.,in   uaa  .    ■  '     ^  "'''"''  '"'^^  »'''^'' 

>H..nch  Governna^r    The  «  UiTr    '■        "■  '"''■"•^'°'"'  "^^^  '"''-^  f-'"  the 

..o.-...nson,  (.)  e^eni:  ;j::r^rwr^sr;o:rr"r^'°^-- 

tonded  for  that  extent  as  a  matter  of  right      And  the  .     '"''"''"'"''''  ""'^  «=""- 

la.  American  Commissioners  to  a.rir;   .^"'' ^''^P'-'"'='l'«' "-ea"^"  vvhich  induced 

.-ibiiity,  su,,ested  ii;  trB  ti?! ;:;  \:a7JrBT " ''- ''''-"'''  ''-■ 

•tJcd  to  the  North-eastern  lia„n.lL  \  ^^'^S^^'''  ^''^^^'^  »^ver  eould  have  ac- 

-Cter  to  their  Covernm      ,  Xv'  ll^^T'"""^  '\^^  ^"'•^"  •'^'"'^•^-     f"  '»-ir 
.0  that  ohjeH.  ^ '     "''  "'"^  ^^^  =  "  ^^'•-  ^swMd  adhered  strongly 

nnally  m-,ed  his  beu.g  wilH«g  to^ijld  to  our  den.a.^lr:^"t;:?:;Tu:  '^ 
-  a  ij-t  her  reason  ior  our  gratifying  h,n.  on  the  point  in  Jestt  ■'  1      '  ""'  ""  "'' 
i  he  silence  pre*e-vcd    In  ih,>  H^i.ioU  w.  ,  ^   ' 

-""««• Li™:J.  , i»  *         "T" '"  '•'"■' ^""- 

<orningll,eNorlh-«.c„And„„rN„7r  '        »'"l  i«  «iw>li..„.  c,.„- 

..a„.c  ,1,0  ,l,:oi,iv..  f"L  ,li;,f  "l  ,1  T''tT'*      "°""'"  '■"I-" '"  "■.»■'  i..  »!.- 
..on,  ,.„>vc  6e,„„„  ^     ^  J    H  r'  :,  't  'f 'T'™'  "^  '"^  '"""  "'"*- 


W  Written  Kvid.nt-c,  No.  .;j. 
^  (y)  Written  Kvidencf,  No.  ,57 

,=)  <i"<'«=d  in  Commi,.ion  to  John  Klliot.  Written  EvMcnco.  N„   .. 
f'O  Written  Kvidenci',  No.  9.  („) 


75 

oj  the  liiner  Si.  Croix,  by  the  said  river  to  its  source,  tind  by  a  line  ilrawn  due  A'ltrth 
from  thence,  to  the  Southern  boundary  of  our  Colony  of  Quebec ;  mid,  to  the  North- 
ward, by  the  saitl  boundarv,  so  far  as  tlic  Western  extremity  of  tlie  Hay  dcs  Cha- 

leurs."  (b) 

By  tlic  Comniissions  of  the  Governors  of  the  Province  of  Quebec,  from  1763 
to  177'l,  the  Sou/hern  boundary  of  that  Province  was  described  as  a  line  which, 
"  erossinji;  tlie  River  St.  Lawrence  and  the  Lake  Champlain  in  forty-five  degrees  of 
iiortliern  hititude,  passes  along  the  highlands  which  divide  the  rivers  that  empty 
themselves  into  the  said  River  St.  Lawrence  from  those  which  fall  into  the  sea,  and 
also  along  the  Nurth  Coast  of  the  Bay  des  Chaleurs."  And  in  the  Commissions  of 
Governor  Carleton,  of  a7th  December,  1774,  and  of  that  granted,  on  the  18th  of  Sep- 
tember,  1777,  to  Frederick  Haldimand,  who  was  still  Governor  in  November,  1783, 
and  Septemljcr,  1783,  the  said  Province  is,  in  conformity  with  the  Quebec  Act  of 
1774,  declared  to  be  '^bounded  on  the  South,  by  a  line  from  the  Ray  of  Chaleurs 
along  the  highlands  ivhich  divide  the  rivers  that  empty  themselves  into  the  River 
St.  Lawrence  from  those  which  fall  into  thesea,  foa  point  i«45  degrees  in  Northern 
latitude,  on  the  Eastern  bank  of  the  River  Connecticut.''  (c) 

The  North-west  angle  of  Nova  Scotia  had  thus  been  determined  in  express  terms,, 
for  the  twenty  next  preceding  years,  and  c  )iitinued  to  be,  at  the  date  of  the  treaty  of 
peace,  at  the  intersection  of  aline  drawn  due  North  from  the  source  of  the  Kiver 
St.  Croix,  and  of  the  dividing  highlands  abovemcntioned. 

r/(c  said  angle  is  accordingly  in  the  treaty  of  1783  referred  to,  as  a  point  al- 
ready determined:  it  is,  as  such,  made  the  point  of  ^departure  in  the  description  of  the 
botmdaries  of  the  United  States:  and  the  two  lines  by  which  it  is  declared  to  be 
formed  are  those  which,  by  those  previous  public  acts  of  Great  Uritain,  had  been 
respectively  prescribed,  and  then  continued  to  be  the  Western  boundary  of  Nova 
Scotia  and  the  Southern  boundary  of  the  Province  of  Quebec. 

That  identity  of  the  North-west  angle  of  Nova  Scotia,  as  previously  established 
by  the  Hritish  Government,  with  the  North-west  angle  described  by  the  treaty  of 
t783,  has  heretofore  been  contended  for,  in  the  most  strenuous  manner,  by  Great. 
Uritain.  Keferring,  in  proof,  to  the  several  extracts  from  the  ai-gumenf  s  of  the  IJritish 
Agent,  liefoi-e  the  Commissioners  under  the  .Ith  Article  of  the  Treaty  of  1704,  (d) 
we  will  only  quote  his  concluding  words,  "if  we  now  compare  this  angle  with  the 
North-west  angle  of  Nova  Scotia  described  in  the  treaty  of  Peace, 

can  it  be  believed, that  .......    so  exact  a  coincidence  could 

have  happened  lietween  the  actual,  real  Iwundaries-of  the  Province  of  Nova  .Scotia, 
and  the  boundarJ<s  of  it  described  in  this  tre.ity,  if  (be  latter  had  not  been  dictated 
.md  regulated  by  the  foriiier?" 

The  British  Commissioner  under  the  late  commission,  though  attempting  to 
draw  another  inference,  acknowle.lges  also,  that  the  v.ords  "highlands,  which  di- 
vide," &c.  used  in  the  treaty,  were  t;ikcn  from  the  Proclamation  of  17C3,  and  that 
the  proclaiiiatioawas  the  prototype  of  the  treaty,  (c) 

The  Southern  boundary  of  the  Province  of  Quebec  was,  at  the  date  of  the  treaty 
according  to  th(>  previous  public  acts  of  Great  HriUiin,  tae  Norlherti  boundary  boll,  of 
Nova  Scotia  and  of  New  Kngland,     In  deliningthe  bouu.Iary  between  Great  Hritain 
and  the  I'nited  States,  the  North-west  ani^le  of  Nova  Scotia  became  of  course  the  point 
nf  departure  along  the  highlands,  in.stead  of  the  \N'estern  extremity   of  the  Hay  des 


'  I     t 


(/()   W'riiten  Kvidcncp,  No  15. 

(r)   V,>ittiMi  Kviiltii..  ,  S<).:i. 
(il)  Miittcii  Kvi.lciici-,  No.  35. 
'1  AVritti'ii  r.viiloiirc,  \n.  .'),;,  p;iir." 


R-i 


-.^ 


70 


tt(tc:uiou<i 


Ualcurs;  nnd  the  correction  «,  the  Westerly  ter.r,ination  «f  that  «ne  on  the  K.vu 
Connecfcut  has  already  been  adverted  to.  In  other  respects,  the  line  alo  .  le  h^'^h 
ands  Ks  desenbed  in  the  sa.e  tern,s,  in  all  the  previous  puMic  acts  of  G  eat  B„t  in 

C.-eaBHtai'r"thMrr''"'\'r  "'■"''""'"  various  public  acts' e,„anating  fro,„ 
I'leatiJritain,  that  the  term  "At  am  c  Ocean  "  in  it«  .rnnn.oi  „.  1         i  . 

„.  u  ..  ".■lauiiv,  vfi,t,in,     in  US  (general  and  usual  acccntai  on 

.'lul  Ih.s  ,s  the  only  important  point  in  the  discussion 

liritilh  Prltcr ^ 'h"  ""'  "'"  '"'"'  "  '''  Commissions  of  the  Governors  of  the 

Jmetn'r  '"  '  """"''   -'' ""^^  "— ily  be  understood,  in  the 

Those  two  terms  are  used  as  synonymous,  by  the  British  Agent,   in  a  passwcof 
the  argument  which  has  just  now  i,con  referred  to,  viz:  rivers  "whic    f.     Lni.     v 
or  ^Uanfic  Oceans  (/)  by  the  Lieutenant  GovLrno;  ^f  N  w  ^    n  w'    Tp   CV^:' 
ton)  who,  when  referring  to  the  Qucl.c  Act,  where  the  word  aJ  is    st/  userth" 
words  .//«„/,,  o..„,,.  („.)   and  in  tlu.  Proclamation  of  1763  itself  a     ht  Tr  I 
iK-en  shewn  m  the  First  American  Statement.   (//)  ^ 

h  may,  with  gieat  propriety,  be  added,  that  admitting  the  highlands  described  in 
U  e  Proclamal.on  of  17(i3,  and  the  Quebec  Act  of  1774  to  be  identic  wit    Z 
.•ia.mod  by  the  United  States,  had  it  been  the  intention  o^th    t      ty  of        3  ^    ^ 
n..e  other  highlands,  one  hundred  miles  further  South,  and  not  dividing  flm  in    oh' 

tronuhis  Identity  of  the  Northern  boundary  line  of  the  United  States  with  Hk- 
Sou.hern  boundary  of  tlu.  Province  of  Quebec,  important  inferences  are  deduc'e  wh  d^ 
leave  no  doubt  as  to  the  true  intentions  of  the  parties 

.t  whI.dMimer"'?''',''K'''  '""'"'  ^^•''-  -"'•--'■tion  of  that  established  in  1763, 
nt  which   imc  the  natural  object  must  liave-  been,  .0  assign  to  the  new  Province  tha 

sachusetts   Bay  and  Nova  Scolia,  which  lies  on  the  South  side  of  the  River  S.    Law 

Z^n!f  TV  '?'  ""  '"'"""^  '^'"""•^-  '^•"  "''>^-'  -"'•'  -^  '-ve  been,  ai 
u  time  when  MassachuseUs  was  part  of  the  British  dominions,  to  .secure,  wi.h.ni, 
iM>sing  through  It,  n  direct  commurication  between  Quebec  and  Nova  Scotia.  And 
his  again  affords  a  peremptory  answer  to  the  observation  in  the  British  Stateme... 
tha  .t.s  incredible  that  Great  Britain  should  have  "consented  to,,/«cetl.e  Unite 
SUitc^-  in  enure  possession  of  the  only  practicable  line  of  communication  between  Inu- 
two  Provinces."  v  i  u ^ 

As  the  Bay  of  Fun.ly  is  not  mentioned  in  either  the  Proclamation  of  1 763,  or  ll... 

Great     ritain,  that  the  Hiver  St  John  wa.s,  in  those  public  acts,  excepted  from  Iho  r  I 
vers    ailing  into  the  sea,  intended  to  be   divided  by  U,e  highlands  from  those  which 
al   into  the  Kiver  St   L^iwrenc      And  such  an  exception,  therefore,  could  not  have 
been  intended  by  the  fran.ers  o.  the  treaty  of  1783,  who  did  nut  define  a  new  linl 


(/)  Written  E»iiience,  No. 35,  p»pe271. 
t'l  WriUeii  KviUeiier,  No.  59,  and  Ilrlti^li  Kvidence,  No.  32. 
*)  Written  Erideiicf,  No.  IT,  pgge  J67. 


T7 


but  only  confirmed  and  established  the  boundary  already  designated  by  the  Proclania-    imi-nthn. 
tion  and  the  Quebec  Act. 

The  mention  made  of  the  Hay  des  Chaleurs  in  the  public  acts  of  1763  and  l'774, 
and  of  i«s  Western  extremity,  in  the  Commissions  of  the  Governors  of  Nova  Scotia,  as 
being  ihe  Eastern  extremity  of  the  Southern  boundary  of  the  Province  of  Quebec,  de- 
termines beyond  doubt  the  position  and  course  of  the  dividing  highlands,  which  form 
that  boundary.  And  the  situation  of  Ihe  Western  extremity  of  the  Bay  des  Chaleurs, 
as  laid  down  in  Mitchell's  Map,  determines  also  that  of  the  North-west  angle  of  Nova 
Scotia  on  the  North  side  of  the  River  St.  John,  since  it  renders  it  mathematically  im- 
possible that  that  angle  should  be  at  any  point,  South  of  that  river,  of  the  line  drawn 
due  No-th  from  the  source  of  the  River  St.  Croix. 

The  description  of  the  tlividiiig  highlands  is,  in  those  acts  of  the  British  Govern- 
ment, as  well  as  in  the  treaty  of  1783,  expressed  in  terms  so  clear,  that,  at  a  time  when 
there  was  no  motive  for  distorting  their  iiaturnl  meaning,  there  was  no  doubt  on  the 
subject;  and  they  uniformly  received  that  construction  of  which  alone  thev  arc  susccn- 
tible.  ■  ' 

In  all  the  maps,  accordingly,  published  in  Great  Britain,  between  the  years  17(>.! 
and  1783,  on  which  the  Southern  boundary  of  the  Province  of  Quebec  is  "laid  down, 
the  North-west  angle  of  Nova  Scotia  is  placed  at  a  point  on  the  North  line  from  the 
source  of  the  River  St.  Croix,  North  of  the  River  St.  John;  and  the  Southern  bound- 
ary of  that  Province,  from  that  jwint  to  the  Conneciicut  River  (/}  divides  the  rivers 
that  fall  into  the  River  St.  Lawrence  from  the  tributary  streams  of  the  River  St.  John, 
and  from  the  other  rivers  that  fall  into  the  Atlantic  Ocean. 

Several  observations  in  the  British  Statement,  and  those  in  No.  41  ol'thc  Appen- 
dix, render  it  necessary  to  give  some  further  explanations  of  the  inferences  which 
may  be  drawn  from  that  imiversal  understanding,  with  resi)cct  to  the  intentions  of 
the  framers  of  the  treaty  of  1783. 

Since  Mitchell's  Map  is  declared,  by  the  convention  of  1827,  and  must  be  held 
as  conclusive  evidence  of  Ihe  topograi)hy  of  the  country,  as  understood  by  the  nego- 
tiators in  1783,  other  maps,  though  of  a  subsequent  date,  cannot  be  adduced  as  evi- 
dence of  the  intentions  of  those  negotiators,  in  opposition  to  the  topographical  features 
ofthe  country  as  laid  down  in  that  map;  and  those  in  q;icstion  are  not  brought  forward, 
even  for  the  puqiosc  of  illustrating  any  feature  whatever  of  the  topograj)hy  of  the 
country. 

Greonleaf 's  Stfltistica!  Account  a.  '  map,  and  Povvnall's  Topographical  Description, 
have  been  -esortod  to,  on  the  part  of  Great  Britain,  for  the  expivss  purpose  of  throw- 
ing light  on  .nn  important  topographical  feature,  vi/:  "  the  intended  liighlands. "  Hale's 
maj)  has  also  boon  ofUTcd.  to  elucidate  the  jjosition  of  a  certain  grant  of  land,  in  order 
(heroby  to  prove  that,  in  the  year  17.s!>,  the  Lake  branch  of  the  River  Conneciicut 
was  acknowledged  by  the  S'ate  of  New  llam|.s!iire  to  be  "the  Conneciicut  River." 

It  i>  for  a  purpose  similar  to  tliish.st  inslat.ro  th:it  ll.o  above  mentioned  maps  have 
l)oen  produced.  The  botin,!;iry  of  Hit:  Province  of  (iuobor,  deline.l  for  the  first  time 
in  1703,  could  not  be  delinoatod  on  a  map  published  in  nr.r,.  A  boundary  line,  de- 
signated by  a  iHiblic  act,  is  not  a  topograj.liiral  featuie  of  the  country;  and  the  maps 
in  question  are  adduccl  only  in  order  to  shew  wiiat  had  boon,  between  the  years  17(>;! 
and  17s;l,  the  general  imdorstanding  respecting  Ihe  position,  in  reference  to"  the  rivers 
as  they  are  laid  down  in  Mitchoirs  Map.  of  a  lunnulary  esl.hlished  subsequent  to  Ihe 
date  of  that  maj).  For  th,:t  purpose  they  are  clearly  admissible,  in  onnf„nnity  with 
the  convonlion  of  1SJ7;  and    it  will  not   be  denied,  that,  in  the  total  absence  of  an> 


'! 


(/)  r\uiv  maj  l>e,  in  some  iif  (li.isr  maps,  i.c<'a9;omil  an  1  trlflh-g  ili^rr<ii;iin;lis  n  icl^■ll•l^■  cn-oi-s  of  llir 
"jiliT  (u-  (  iinTavcr,  «  liiili  il<)  not  alli-ct  tluir  R-cn.  ml  scupi  . 


Il    *' 


78 


tii'i'iitiiiiij. 


1-' 


I 


evidence  whatever  to  the  contrary,  Ihcy  arc  a  conclusive  proof  of  the  universal  undur- 
«tand.nK  on  that  point,  at  least  of  the  uco«raphers  and  of  .he  A„.encan  negoZ 
"i.o,  ,t  IS  proved,  did  consult  some  of  thase  maps.  negotiators. 

The  inferences  to  be  thence  deduced  n,ay,  if  she  thinks  it  proper,  be  controverted 
on  the  part  of  Great  Britain.     They  are  sU^nitted  as  necessarily  (low  n,  fro-nZ  „ 
deniable  fact   that  all  t  e  above  mentioned  maps  coincide  vv.th  respect  t'o  the  pos  t  ol 

^iact'of  QuZc"'  ""'     "'  ^"■"  "*'"'"'  ""'  "'  ""^  "*"'"""■"  '"""^"^  "f  ^'' •^  P- 
It  has  been  asserted  in  the  First  American  Statement,  and  it  is  now  repeated,  1st 
that  a. s  morally  impossible  that  the  British  Government  and  negoliato.s  should  have 
been  unacquainted  with  all  the  maps  of  A.r.crica  published  during  U.e  twenty  next 
preceding  year.s,  and  ignoiant  of  their  universal  coincidence  on  the  subject  of  the 
boundary  m  question;  2dly,  that  thus  knowing  the  manner  in  which  the  boundary 
dehned  by  the  Proclamation  of  1703  was  understood,  it  is  equall-   impossible  to  sup 
pose  that  they  should,  in  the  description  of  the  boundary  conten.plated  by  the  t.-e-,tv 
have  adopted  precisely  the  same  ter.ns  which  had  been  used  ia  the  Proclamation  anu' 
.he  Quebec  Act,  had  .t  been  their  intention  to  designate  a  bo-.ndary  essentially  different 
tromtM  so  uimersally  understood  as  having  been  interded  by  those  public  acts  of 
tireat  nnlain. 

But  if,  after  having  adduced  maps  in  support  of  the  British  claim,  it  has  been 
found  e,,,edient,  on  discoyerii.g  tlie  m,iform  te.or  of  those  p,-oduced  by  the  United 
btates,  peremptorily  to  declare  that  '.C,,,^  jj,itai„  altogether  denies  the  authority  of 
maps  as  proof  i„  a  case  of  eonte.ted  limits,"  (A-)  .sl.e  ca.mot   reject  the  autho.-ity  ot 
that  of  M.tohell,  l,y  winch  th.^   frnmers  of  the  featy  are  acknowledged,  by  the  con- 
venliou  of  1827,  to  have  legNlated  their  joint  and  official  proceedings.     This  was  the 
only  map,  published   in  En.^land  prior  to  the  treaty,  which  had  an  official  character 
rt  appea.-s,  from  the  eertif..atc  on  the  face  of  i.,  to  have  ix-en  undertaken  with  the  ap- 
probation and  at  the  ,cquest  of  the  Board  of  Trade,   and  to  have   been  chieny  com- 
posed  from  official  documents  in   that  office:  for  which  reason,  it  was  probably  se- 
lected in  prefei-ence  to  others  of  more  modern  <late.  (/)     It  is  not  in  any  respect,  now 
-hat  the  question  resj.ecting  the  true  St.  Croix  has  been  decided,  more  favorable  to  the 
American  claim  than  any  other.     But,  if  it  be  recollected  that  it  has  been  as.serted 
in  the  British  Statement,  -that  the  extreme  obscurity  and  confusion,"  &c.   in  relation 
10  the  boundaries,  "adde.l  to  the  very  imperfect  topographical  knoicledge  then  had 
of  the  mterior  of  the  country,    ....     rendered  it  ub.oluldy  impossible  for  the 
iramers  0   the  treaty  of  1783"  ,o  lay  .iown  "  the  several  jx^int.  and  lines  of  the  bound- 
ary with     sufficient  accuracy;  the  vast  advantage  will  immedinU>ly   \^  .x-rceived  of 
having  at  least  one  map,  mutually  acknowle.lged  to  be  eonclu  ive  evidence  of  the  to- 
pography of  the  country,  as  it  was  understood  by  the  framers  of  the  treaty,  and  by 
which,  comparing  it   with  the  terms  of  Uiat  instrument,  the  true  intentions  of  those 
mmisters  may  be  ascertained;  and  to  this  map  alone,  independent  of  any  subsequently 
published,  nn<I  even  setting  aside  every  other  evidence  that  miv  elucidate  the  subject 
we  Will  now  appeal,  as  the  proper  test  of  those  intentions. 

The  boun.laries  of  Nova  Scotia  an.l  of  New  England  are,  on  that,  map,  extended 
to  the  North  as  far  as  the  River  St.  Lawrence;  and  a  line  draw,,  due  North  to  that 
nver,  from  the  .source  of  the  River  St.  Croix,  is  distinctly  delineated  as  the  boun.larv 
between  Nova  Scotia  and  New  England,  under  which  last  denomimition  are  included 
Uie  old  Province  of  Main,  and  Sagadahoc,  or  the  territory  lying  between  that 
Provmce  and  Nova  Scotia.      This  has  already  been  adduced  as  one  of  the  proofs 

(*)   Ili-itisli  Appendix,  No.  44. 
(/,  It  i»  in  pro.,f  ,1...  tl,e  nup  wa.,,  for  tt,.  puipo.«.s  of  tlh:  txeatv,  brought  from  Enul:ma  bv  tl,, 
(.ommiSMoncrs.— Written  KvidiTic,  No  23  b  "■«  uv  «. 


79 


ol'  Uie  manner  in  which  Uie  chartered  houndaries  of  Massacliusetts'  Bay,  were,  prior    """«♦""■ 
to  the  cession  of  Canada,  undi  rstood  hy  Great  Britain;  of  her  total  disregard  of  the 
French  claims  South  of  the  St.  Lawrence,  and  of  tlie  conaequont  irrelevancy  of  the 
Canadian  orij^in  of  the   Fief  of  Mnda«aska  to  any  question  of  boundary  between 
lier  and  the  United  States. 

With  respect  to  the  intentions  of  the  franurs  of  the  treaty,  this  map  has  also  ena- 
bled US  to  shew: 

l.st.  That  it  was  known  to  them  that  the  due  North  line  must,  within  a  short  dis- 
tance from  the  source  of  the  River  St.  Croix,  croas  i)ranehes  of  the  Kiver  St.  John, 
and  leave  within  the  United  States  the  territory  West  of  the  said  lino,  which  is  water- 
ed by  tho.se  brandies. 

2dly.  That  the  territory  which  the  United  States  would  have  gained,  if  the  River 
St  John  had  been  the  boundary  line  of  the  two  nations,  is,  according  to  that  map^ 
larger  than  the  territory  which  they  now  claim  beyond  that  river. 

Sdly.  That,,  by  the  highland. ,  at  whii'li  tlie  said  due  North  line  was  to  terminate, 
they  could  not  have  meant  any  hill,  considerable  elevation,  or  mountain,  situated  South 
of  the  River  St.  John  ;  since  there  is  no  irice  on  the  map,  on  or  near  that  line,  ol 
.iny  hill  or  mountain  ;  and  they  could  not,  by  any  other  means  within  theii 
Fcach,  have  known  whether  any  woukl  be  fouiid  on  or  near  the  said  North  line, 
South  of  the  River  St.  John. 

4thly.  That  they  could  not,  by  the  aatd  liifrhlaiuls,  at  which  the  due  North  line 
mu.st  terminate,  have  meant  a  "generally  mountainous  country;"  since  no  such  coun- 
try is  laid  down  on  the  map  alonj;  or  within  forty  mi'-^s  East  or  Westof  th'j  said  line; 
whilst  a  mountainous  country,  commencing  forty  miles  West  of  it,  and  extending 
thence  Westwardly,  in  distinctly  delineated;  and,  if  it  had  been  intended  that  the 
line  drawn  from  the  source  of  the  River  St.  Croix  should  meet  that  country,  it  must 
necessarily  hare  been  defmed  in  tlie  treaty,  as  a  West,  and  not  as  a  due  North  line. 

But  the  important  fact  indisputably  established  by  Mitchell's  Map  is,  that  the 
framcrs  of  the  treaty  had  a  knowledge  of  the  topography  of  the  country,  ampiv 
sufTicient,  whatever  their  intentions  might  be  with  respect  to  the  boundary,  to  enahli; 
them  to  describe  it  with  great  correctness,  in  reference  to  the  rivers. 

The  great  River  St.  John,  which  is  the  principal  feature  of  the  interior  und  least 
explored  portion  of  the  country,  is  laid  down  by  Mitchell  with  considerable  accuracj-, 
both  as  to  course  and  distimce,  from  the  place  where  it  is  intersected  by  the  due  North 
line,  to  its  Northernniost  and  Westernmost  sources.  And  the  boundaries  respectively 
claimed  by  the  two  parlies,  if  'raced  on  his,  would  not  materially  dilFer  from  those  de- 
lineated on  Map  A. 

It  was,  therefore,  perfect  ly  well  known  to  the  negotiators,  tlwv  the  River  St.  John 
penetrated  one  hundred  and  twenty  miles  West  ot  the  due  North  line,  and  that,  for  the 
whole  of  timt  distance,  the  territory  watered  by  that  river  and  its  several  branches, 
lay  between  the  sources  of  the  triliutary  streams  of  the  Uiver  St.  Lawrence,  and 
those  of  the  Rivers  Penobscot  and  Kennebec;  so  as  to  render  it  absolutely  impossible- 
for  any  line,  drawn  from  any  point  of  the  due  North  line  South  of  the  River  St.  John, 
fo  divide  for  that  distance,  from  any  other  •■ver  whatever,  any  river  emptying  il-self 
into  tin  River  St.  Lawrence. 

As  it  was  lilu  ^>  iw  manife.«t,  hy  Mitchell's  Map,  and,  therefore,  also  well  known 
to  the  franiers  c!  tt.:  .'i.aty,  that  any  such  line  drawn,  from  any  point  of  the  due  North 
line,  towards  he  f.'i' I  "COS  of  the  River  Connecticut,  must  necessarily,  through  three- 
fifihs  of  its  cour.  ■ ;  t.iher  intersect  branches  of  the  River  St.  John,  or  divide  them  at^ 
their  sources  from  some  other  rivers;  it  is,  .n  the  first  place,  altogetlu  r  incoinprelieiis>- 
Me,  that,  in  describing  such  line,  that  is  to  say,  the  boundary  extending  from  the  ter- 


i     fij 
'  if 


8U 


I'llrmion', 


":"::::!::::  fjt  cis.  t^:«'r"  "•'"  '-'^^  --" — 

■'.Itogether  to  . notion,  i-.cludc  o        1  '  "'"''''''"  '"'°"''^  h..ve  o.nUted 

the  most  co„,pic.,u/foaturc  o'f  the l.t'  ti'^'  "I."""'  '"  '"'^^  '•'^•^'-  ^^^''^'^  f"---! 
line  mu.t  pass  For  n  the  2  j  Ir  r-^  r"'''  "'  "'""^  "hich  that  boundary 
other  nveL  are  ^^er!;!     e     :  t  I^o   h  I'^l  '"""'^  ^'^"'"-"^  ''^  ''"^  ^-'^^  - 

Kiver  St.  Laurence,  and  Iho^^S  ^  tt  Z  I  H^^T  "^^'^'^  ""''  ^'"^ 
the  treaty  were  informed  by  Mitchell's  Man  thl  ,.  «  ^"T  ^  '"  ''"■■""'"^  "^ 
itself  into  the  River  St   Lwrenc  1        '^'  '"  •^'-  "'"''"  '"''  "°'  ^-"'P'y 

i"  the  treaty,  and  it  1^  ::;j:t;  iir;:^^- : '''  "'■''"  '■^"""^^'^' ''  '-- 
^ertj.d..ip,i„„„,.K,.,.,,,:t;;^:;:-«^^^^^ 

-.^^^'^^rr  :^^:^^-r  ;;r  -  ^^     -  par...  to  the 

'he  South  of  the  Rive;  St  Joli„  '    '"''  "'  ^'^"""•^'^''  '*^'-''''  ^^  found  to 

:?\rri;i::rr^'-"---^--:::-^^ 

^i.na;:,*:;ttrrSe:  ^l^'^r  r'^T  "^^'^'"'"'^''  ^--c.in..ode- 
Nonh  line  «h..i>  forn..  t  Ser  bouM  J"'.  "'1  "  ''"  ^""""^^'°"  '^^  *^«  ^"e 
.0  ,hem  to  divide,  ftom  aW.  ol  no  T'  "  ""'  ^'""^^'  ""'"  P"'"'  ^— 
whichfallsneithe    ..oti^Ri:     si   Law  '■'""/"""  ""^  '-"ehes  of  a  river, 

'o  the  Atlantic  Ocean-  t    :.'"';  u'\"°' ^  to  the  hypothesis,)  in! 

i>oundary,asali„ed;:;     r  m       :    ;ceV;trR  ;'  t^r"'^'  '"'^"^^'^  ^'^"^  ^-''-- 
aforesaid  /.>/,/„,rf,  ,v„ich  divide   he  rve.hj     n  [°"'  "^'''-"y  N^-^h,  /oM« 

which  fall  into  the  River  S     L  w  e.  '     ''    »  r"'"  ^'^  ^"-^^ "'■«>»" from  those 

or  North-west  a.gle  of  Nova  S  ot  I   Ij  .  T^  '"'  '"■'"'"'^'""  "'"  *''«'  ""«• 

•he  point  which  ly  intendedtdefme         '^*'"^'""  '""""  ^"  ''''"'  ^'^  »"  ^'y  t^ 

.■iver:^s:d  ^y  r.::,^^;:^  ::^:i:';"»'  "'^  ^'^^'^-^^  ^^"^^^  --•'-  ^^^'^^  ^"e 
^otiatorl  are  o,^  iko^:^:::t:^'^^z::'' r'^"'^''''  ^^  ^"•^^  ^^^  •'"■  - 

10  the  Xorth-.vesternmost  source  o7.hr  ''"'"'"''  '''''''''  "'^'^'^  Penobscot, 

-t.  Kennebec,  and Tndl       ;  „  ^^t ^^^^  '"^'"^  ^"^  «'-"  '^-o"" 

•■■"Pt.v  themselves  into, he  St.  t  wr  ncl-  d  .  nl^  "  7  T'  ''  '^""'='^'  '^'''^" 
scribed  bythetreatv   does   from   ,,      ?      ^  "'"^  ""^ ''"""'^"'•y ''"«< '"tended  and  de- 

..ohn.  on  L  ^u:z^::,'z^'s^r^';;r'i ''""'  'r  °' ''-  «'-^  ^^• 

Kiver  Penobscot,  to  i„  Aorlh-wes  e  „,Z  '""■'  "'°"«  ^'"^  ''^^"^«  "f"  ''»^ 

But  it  was  n^anifest  b;  A     e        "'C  rr.  ""  r  '^  "'"r'''  ""  '"^  '^'•^"  ^^• 
negotiators,  that  the  nearest  source  o   "  hr^iv  r  O       l"  ""    '^"^  """  '"°^^"  '"  ""= 
tani,  in  a  straight  line,  and  in  a  n  a  Iv  W.  ,  'f'"''  '"  ^  '"^""^  ' ''«  '"'■''■=*  '"- 

line;  ,ha,.  through  th  t  Jh  lo  " "  ' V;  "'^'^""^l'^ '^^""-''y  I'oi'-t  of  the  dueXor.h 
whatever,  „„y  ri^cr  that  en ^^S  ^  ;::^  ^^  j'^;;-  ^•"  ^^  other  river 
no.,  through  that  whole  ex.ent.  divide  any  otL  Hve.t  f  C  ^^  1  ^  ''"'"" 
"obscot  and  the  Kennebec  fron,  the  tributary  real  of  ,'^TirK:,"K'  '"  ""  ''" 
say,  rivers  falling  into  the  Atlantic  Ocea.K  n3  a  d ve  in"  '  V  ''"'  " '" 
hypothesis)  ;,uo  the  Hay  of  Fundy.  '"^^  (''"'''^'"8  '»   the 

It  is,  therefore,  contended  on  the  part  of  Great  Uritain  that   i  .     j-  ,     • 

as  the  bou..dary  line,  Iron,  the  North-west  angle  o f  N^^v  1  t   '      .  "''"^  '?  """^"'''^ 
most  Jiead  of  Connecticut  River    ,  lin„      >  '"  '''"  '^""h-western- 

neclicut  R.vcr,  a  hne  which,  passmg  South  of  the  River  St.  John, 


8i 

was  known  io  iluiu  lu  divide,  lor  lliirc-fifllis  ol'  iis  CNlent,  no  oilier  riveis  irinn  cacli  '"I'l'iiw- 
"tlicr,  tlmn  rivers  falling  into  the  Aliantic  Ocean,  I'roni  a  river  falling  into  the  Hay  of 
I'\inily;  anil  knowing  tiiatthc  said  bonndary  line  would  not,  at  a  shorter  distance  than 
120  miles  from  its  commencement,  reach  the  highlands  which  actually  divide  the  rivers 
tlial  fall  into  the  Allantio  Ocean  from  Ihost-  which  cniitly  Ihcinselvos  intothe  River  St. 
Lawience;  liic  framcrs  of  the  treaty,  intending  also,  as  expressly  stated,  that  their  de- 
scription of  the  boundaries  should  be  such  as  that  all  disputes  which  might  arise  in  fu- 
ture on  the  subject  of  the  same,  might  be  prevented:  did  deliberately,  and  after  much 
contention  on  the  subject,  ultimately  agree  to  dclinc  the  boundary  thus  intended  to  be 
established,  in  the  following  words,  viz: 

"  From  the  North-west  angle  of  Nova  Scotia,  viz:  tliat  angle  which  is  formed  by 
a  line  drawn  due  North  from  the  source  of  St.  Croix  Uiver  to  the  highlands,  along  the 
said  highlands  which  divide  those  rivers  that  empty  themselves  into  the  Kiver  St. 
Lawrence,  from  those  which  fall  intothe  Atlantic  Ocean,  to  the  North-westernmost 
head  of  Connecticut  Uiver." 

That  is  to  say,  that,  in  deiining  the  boundary  in  question,  those  ministers  de- 
scribed aline  which,  to  their  knowledge,  divided,  for  three-fifths  of  its  extent,  ri- 
vers falling  into  the  Atlantic  Ocean  from  (/  river  failing  into  the  Buy  ofFuiuli/,  as  a 
line  dividing  rivers  falling  into  the  Atlantic  Ocean  from  7-ivers  einptying  Ikemselvex 
into  the  Fiver  St.  Laivrence;  thus  adopting  a  description  which,  to  their  knowledge, 
was  applicable  only  to  80  miles  out  of  the  200,  along  which  the  .said  boundary  docs, 
and  was  known  by  them  to  extend;  and  which,  to  their  knowledge,  was  entirely  inap- 
plicable to  the  120  miles  next  to  the  place  of  beginning,  or  to  three-fifths  of  the  whole 
length  of  that  boundary. 

This  incredible  misapplication  of  language,  or  indeed  gross  absurdity,  is  ascribed 
to  eminent  and  practical  statesmen,  some  of  them  not  less  remarkable  for  the  precision 
and  perspicuity  of  their  style,  than  fortlie  clearness  of  their  conceptions;  and  in  a  ca.se 
where  the  description,  being  corrected  in  relation  to  the  River  Connecticut,  affords  an 
inc(intestal)le  proof  of  the  strict  attention  they  paid  to  the  terms  used  in  describing 
that  part  of  the  boundary. 

What  renders  the  supposition,  that  those  ministers  expressed  themselves  in  terms 
so  ccntradictory  of  the  intentions  gratuitously  ascribed  to  them,  still  more  outrageou.s, 
is,  that  tliere  would  not  have  been  the  slightest  difficulty,  with  Mitchell's  iMap  before 
them,  in  defining  with  the  utmixit  precision,  if  so  intended,  the  boundary  line  as  now- 
contended  for  by  (lieat  Britain. 

Had  th  mention  been,  as  is  affirmed,  to  assign  to  Great  Rritain  the  whole  of  the 
biisin  of  the  River  St.  John,  there  would  not  lu.ve  been  any  occasion,  either  to  refer  to 
the  North-wesi  angle  of  Nova  Scotia,  ortliat  a.ny  jiu-t  of  the  boundary  .should  have  been 
a  line  drawn  due  North  from  the  source  of  the  Uiver  St.  Croix.  In  that  case,  the  boun- 
ilary  would,  by  any  ordinary  conveyancer  in  possession  of  .Mitchell's  Ma|),  and  of  the 
inlf<ntions  of  the  parties,  have  been  described  in  the  following  words,  or  in  other  as  ex- 
])licil,  and  of  the  same  import,  viz: 

rroin  llu  soune  of  the  River  St.  Croix,  along  the  nii<;hlands  which  divide  the  rivers 
thai  empty  themselves  cither  into  the  River  St.  .lohii,  or  into  tlie  River  St.  Lawrence, 
Iron*  those  which  fall  into  the  .Vtlantic  Ocean,  West  of  the  mouth  of  the  RiverSt.  Croix, 

to  the  .Nortii-westerninost  head  of  Connecticut  River, Kast  by 

a  line  to  be  (Ir.iwn  along  the  middle  of  the  River  St.  Croix,  from  its  mouth  in  the  Way 
of  Filiidy  to  its  Source. 

I  lad  it  been  intended,  lliough  lor  what  object,  willi  the  intentions  ascribed  to  the  ne- 
gotiators, (/«)  is  altogether  unintelligible,  that  a  due  North  line  drawn  from  the  source 


(m)  l';irticulaily  iflliry  liad  in  view  l!iat  lifi^jlit  ol'l.mJ  of  i;ovcn',j>r  I'ownu!!  in  wliicli  the  IJner  Pas- 
^aira(ii::ulu  lla^  i's  stiurci-. 


82 

have  hcei.   ,„>  n.oro  iliflicMhl  in  th.is  i J  i  V  ''''"'''•     """"'  '^""''' 

<l>a"  the  Hriti.!.  Agent  ,..,^^0  ll  '     ^  ''"""•'"'•^'  ''•"'»  '^'"'■'-"'^  ^^'"P. 

niap.(«)  ^  '  "'^  '"''  '^"'"m,...on  found  in  delineating  it  on  that  J-y 

op,>.i:i::rr;L:t  ':z:TT:r ''- '-''  -^'"^  '^"'•-  ^->^'  "■ 

"c  .uggeste,.,  other  than  ^^2:::!!^:^"''''  "^  ""^^  "^'^  ^-""-T  that  „.,, 
Here  too,  since  it   is  manifest  hv  Mltrh..!!'-    \r  i     • 

line  whatever,  extending  VVest  va  .U^f '  .l  '  ""'"'•'"'''''•  '^''  ""y   '»°""<'"'y 

due  North  from  the  «ottce  of  thT^  «  T  ''"""  ^^■''"'''^'"^''  "'' "^'^  ''"'«'  '''-wn 
the  River  S,.  Law  1"^  r  vers  f  ,',";  "  '^  ;'""'"  "'^''=  '•'^^"  ''""•"8  "'^'' 
.'ohn  wa.s  incluc'ed  atnonl'These  .  '  '"';'  '^' ^"""'-  "•'ean,  unless  the  River  St. 
-iuisters^hould  no  Z^  hd^  ;  "^rs^t  f^  T' '''"  '  '^  i-possihle  that  those 
the  Atlantic  Ocean  which  thov'  ,  T'  1  '"'  '"  '''  °'"-"  "'"  ""^  "■^•'^'■''  f""'nS  into 
which  empty  thZ,  '  „'  ^  j*;;  ^'^  '"  ''^^ '"-'-' "^  ^he  boundary,  fron.^hose 
fcst  by  M  tchell's  Man    .h«V    h  , ,       ^'''''''"''^-     ^n  which  case,  it  is  also  man.'- 

iine  with  that  dividing  ground    h,  whir.  '  '^"  '"t«r.section  of  the  said 

into  the  River  St  LavLTe  hV    .h  .V  ''  f  ?  ""  """''  ^''^'  ^'^''^  -'-"  f"" 

could  have  been   inten,^    by  h.    ,t  Ti:'  ""'  "-'•'^'■-'.  "-t  no  otiu.  ..ighlands 

dominions  of  the  i.-lZ.     I.     Z','"     K    ^  '"''''/  '^'^  ""'  '"'"•'""^>-  '"''-->  ^f^" 
States.  ''• '  "'•'"  "^°"-"  ^^••^"^^''  ■•""  •••aimed,  as  sueh.  by  the  I'nite.l 


iV.tjtli-ivrsicrn 
"i">r  li,  All  ..rCon. 
iiMlicm  Iliv.-r, 


IT. 

^'orlh-weslermnostheadof  Jonnecticut  liiver. 
§10. 


oftheb,.nches  of  the  river   witho  t    1 '  V  *k  °^    "y  other  .source  of  ..ny 

ni.iHle  of  those  branehes  '       '"  ^''^  ^'"'"'''-  "•^""'"'  ^  ^-P-'ive  mag- 

The  designation  of"  \orth.westernmo.t  he-.d"   „n  •.     • 

betvveen  two  or  more  sounn-.  And  the Tv  .  i  ■  T"''"''^  "'^P''^'-*  •■'  '^•'le'^linn 
'•  .i.enee  downaiong  the  n.id.lle  ^i^  1  ^ •:;■?:  .T'  .?^'^'«-'-'-''  ^^-V  -d 
the  n,id,l]e  of  „,e  hranch  of  that  river  "I  "'"T'^''^'  "■^-'.  "  '"'•i''  ofan,!  ,do„. 

n-eXorth-westernmostheadof^l^Lu  Ri~;  :r''  7"'"  '"■  "-"-'  ">  "'^ 
.uided  by  Miteheirs  Map.  the  fran.ers  of  t,  ;„,;  flnvc  '""^  '"7"'  ""^'' 
..ameles.s  upper  branches,  as  enuallv  en.iil,.  i ,    .7  .    J'-'ve  considered  any  of  its 

And  it  has  al  eadv  been  obsC  v  r    ^t  "     '  "''"'•"'""  "'"  f'"""'-'i^'>"  Hiver. 

^heoiaims  as  ti.  No:;;:3:;';rtt:i:;r  i^  t^^''^ ''■^";  """'^""'  ^""••• 

nameless  riv.de<.  .,/««,.  M,  muhUc  of  ^HiT)  '        '     ■'"'-''  "'"  '""'"'^^  "f"  " 

"•her  waters  of, he, .in,  the      ^  1^    t^'  'T?' '''' ''"""^ '^  i's  junction  with  the 

.-hatt.ri.de.is.n;vnhy,;;:':L::!^;r^ 

•'".tes  with.he  0.1.M- waters  .^rvH  T  '"T'  '"""  '""'  '"'''  ''-'"•'''  "'a- 


I  :\ 


83 


lliill'sSlicaiii  imi.iliil.^o  be  LXfliiilfil,  on  accotititut'ilM  uiiitiiic  iisull' willi  tlicniuin  river      ^■""'  "'"I'l" 
•II  a  point  Icl'jwihe  place  whioli  was,  at  the  date  of  the  treaty,  coiisiileied  as  the  inter- ""'"'""""'■ 
wchon  oC  the  said  main  river,  and  of  the  'ISth  de|j;ree  of  norlli  hititude. 

Even  adinillinf!;  all  the  facts  assumed  by  (J real  Uritain,  there  does  not  appear  to  be 
any  solid  reason  for  those  excepi  ions. 

'i'ho  term  "  North-westernmost"  nercss«rily  implies  a  selection  between  at 
least  the  respective  sources  of,  two  distinct  branches.  One  of  these  mij^ht  have 
received  the  exclusive  designation  of  ''Main  Connecticut;"  and  the  source  of  the  other 
branch,  if  foinid  to  be  the  North-westernmost  of  the  two,  must  necessarily  have  been 
declared  to  be  that  intended  by  the  treaty.  In  that  case,  the  boundary  declared  to  bo 
from  that  head  along  (he  middle  of  the  river,  would  have  extended  along  the  middle 
of  a  branch  that  uniled  with  (he  other  below  the  '  ghest  point,  where  this  was  known 
hy  the  distinguishing  tide  of  <' Main  Connecticut."  And  since  the  word  "river," 
Rlcarly  means  there,  as  admitted  by  (Jreat  Uritain,  a  certain  branch  of  the  river,  it'is 
not  perceived  on  what  ground  it  is  pretended  that  the  boundary  line  cannot  extend 
along  that  branch  to  the  45th  degree  of  north  latitude. 

With  respect  to  (he  last  objection,  it  will  only  bo  ,"dde<l,  that  if  the  boundary  from 
Connecticut  River,  to  the  River  St.  Lawrence,  shall  be  determined  to  be  along  tlu; 
»5lh  parallel  of  North  latitude,  as  ascertained  by  the  late  observations,  Hall's  Strean- 
will  be  found  to  imite  itself  with  the  main  river  above,  and  not  below  the  intersect ioi 
of  that  pnrallel  with  the  river;  and  that  it  will  then,  in  that  respect,  be  free  of  any 
objection,  '    ^ 

The  obvious  meaning  of  the  word  '^  river,"  as  used  in  that  clause  of  the  treaty 
s.ilTiciently  refutes  the  a.sser(ion,  "  that  no  stream  which  joins  the  Connecticut  RiveV 
below  any  pon.t  where  the  river  is  known  by  that  distinctive  appellation,  can  with 
any  propriety,  or  comistently  with  xcograplikal  practice,  be  assumed  to  be  the 
R.vorCnnect.cut."  Hut  it  is  proper  to  observe  that  the  geographical  practice  allud- 
I'd  to,  IS  not  that  which  prevails  in  America. 

In  Europ..,  every  tributary  stream,  or  branch,  of  every  river,  has  been  for  ages 
almost  universally  known  by  a  distinctive  name.  It  is  admitted  that,  although  every 
.source  of  any  such  branch  is  in  fact  one  of  fh.3  sources  of  that  portion  of  the  main  ri 
ver  which  flows  below  the  mouth  of  such  branch,  the  sources  of  a  tributary  stream 
wb.ch  .s  known  by  a  .listinct  nan«e,  woidd  not,  in  common  language,  be  conside'red 
as  the  sources  of  the  n.ain  river.  It  would  be  improper  to  designate  the  sources  of 
the  Marne,  hy  the  name  of  -  Northern  sources  of  .1...  Seine."  And  ii'  the  framers 
ol  the  treaty  had  dellned  a  boundary  in  Europe,  they  would  undoubtedly,  in  refer- 
ence to  the  branch  or  source  of  any  river,  have  used,  instead  of  such  an  expression 
as  "  North-westernmost  head,"  the  specilic  and  distinctive  name  by  which  the  branch 
was  known. 

Mut,   in  America,  the  upper  branches  of  a  river,  when  they  are  (irst  discovered 
..nd  .xplore.l.  are  n.ost  comnu.nly  disii„ir„i.slu.,l  from  each  other,  only  by  appellations 
nuhcat.ve  ol  (heir  course  :  neither  ..f  iluu,  l,ein,  exclusively  designated  as  the  n.ain 
nvr.     01  this,  numerous  instances  n.ay  !..■  given,  even  in  relation  to  rivers  of  eon 
s.derable  magnitule,  such  as  tlu'  West  Branch  of  Sus,,uehanua,  (he  North    Hr-,nch 
and  the  South  Branch  of  the  I'otun.a...   ^c.    all  of  which  are  to  this  day  known  by  no 
other  names.  („„)  The  .vporls  of  the  Surveyors  under  tlu  late  con.mission,  and  the  M,,, 
A,  afford  also  .several  instances,   with  respect  to  branches   which  had  till   then   been 
unexplored  ;  .such  a.s  (he  North-wes,.  .h.  West,   and   the  South-we.st  branches  of  the 
St.  .(obn,  an.l  the  East,  the  W..st,  and  the  North-west   branches  of  the  Penobscot 
iieiiher  blanch  ol  which  last  River  is  (ailed  the  "Main  Penob.scot." 


nn)  ('(nvn:i!l,  ji:i)ri'.,  ."Sfi  :in<l  "H 


84 


Niirtli-wf^t,  111 
ill'xFllmiil  iirc.ri 
"'•I'll II 111,. 


r" " -•••-  ■■--v'r;s  ,:f,:":  ;:!::,;:r:*.r';:  '—•  "■■ 

.imm,  „f  ,1,,  iv„.,i„„,  „,„i  ,,r,Voii,ri,.'  ,h    ■ "■'" •'  " '"> 

-'■■;';; ■ "»" r .•  li; uiemlv'T;  ""■""°"""' ""  '■■"•'""> 

^^^^^U.,.rcc.,li„,„,„„v.,i„„.„„  „„  „,„..„„,,  ,,  .,„^^„.,,  ,^^^   ,^,^^^    , 

It  lias  already  been  obscivml    n,,.  .1. 
•<oh„,  have  no  oLr  di.l   ^i    ^;J  ^         T'"'  ^T  '"'"^""^  °''  "'^  '^'-'-  ^• 
brnnch.&r.  whilst  „n..  on       7    ,  '^"  '^'  North-w.st,  S.u.h-ue.s. 

or  Main  iJ.-anch  of  ,      R  K^rs      ;,    t^^^^^.''''^''''^^'^'  ''-V  ^'-  -  -^  of  ...So..,!, 
0...  i,  called  the  '.Main  sIjoLn "'';;)      "''  '"  ^"'^  "^  ^'^  «^'l-.. -"I.e  Survey- 

;t;.otciea..„.a.,  ni.ho.^r't.;::^  iZ' ;:;;:/ -'I;' ,f ";"";";'  '^-  '^ 

below  the  point  where  this  is  known  l.v  the  n.n     c  '  <        ?'"      "'  "'"  '■''^'*•' 

point  where  it  is  inLTserted  bv  .1,  .       ,.  '""  ^''  •'"''"'  "'"'  ''^''"^v  Ih,. 

Ltennnos,  head  wo,  r     ve^tl       '    K  ^  'a,m,de  above   n,en.i..ne.l,  the    South- 

west Hranch.  .     h   ;oi  .l'  '  "    ^:'''^  '"  '"-"'  "^  — '^  ti.e  South- 

In  nil  ..  '  °"  """  •^mi'nc^n.  Transcript  of  M,,,  \  5 

^...h«r,,„c.„„.r;;rir;Jt '::::;::  ;;::::;;;:;;;t-r 

ihstinet  ve  name  of  "  Mnl,,  C'nnn,  ,,•     .  .,       .   .  ^        "^■^'  "^""^v-n  by  the 

f  ^-  -a,..  T, J':;:  ";;:;r:;;:rr- t";:';^-?j;'  -"^  --- 

proves  the  reverse  ^        ""''  "'    '""   """"'    ^"'^'-"'"'^'  "-   -'T^iouN 

The  Krant  to  J)artnio,itl.  Colleire,  by  the  Sf.te  of  \,n.   H  .  • 

1-ve,   that  the  distinctive  nppel.ati;;eont  :  Jt  wJ^ru  " T  th:?   '":"  ""'^' 
ahout  six  years  after  the  treaty  •^""  '  ''^'''  "'' 

..» Jp:r;;i',;:''Ti;::*™,':;:;:r:: '■'-■  ■"«-  <« -». .-.. 

I  •'■•   ■'■"'»•''.  <in(i  aitiiouirb  hearsay.  cx-irirt/>   'nwi  .,,.11  r 

-evenhel^s  be  admitted  to  its  .dl  eLnt,   ,. '  ;::  dJ^::::':"  ""  ''"'"  '"' 

is  eon'nonly  called  Co        ,"    "'"'"  '''"''"''^"-^  "^""■-  ("^  '-l''-  '-"-I..) 
■listinguish   t  fron    the  "'  "■', '"'  '""'''T'  '"'  """'  ''"""'-"■'-"  «'-'•-   '  ' 

— 'and  that  ,h^-;:,^ii^::n^^^^^^ 

"an.e  of  the  Kastern  1  r,  choH  ^^  ''y  ""•  '"''"'''-'S  '-V  •!- 

'hosestatcd  above      Srri^^.i^^^ 

f«^'0;  and  he  refers  p    t 'c.d     U"  , '       "  P  '"'""'■'*"""  '"  "'"  "'"""'  "''  <»"'"'""^ 

inhabitants  of  XewC^      '      :  r:;"  ''=""?'  ^^T'""  """'■^-  -'''""'  "•'^'- 

""  it  "tore  than  thirty  y^J:; ' .. tj  i:;^":;;:^^;^  (^  ^'"" ' ^" 

.   ^ii'l  llriti.<li  Aiipcmliv,   inffc  (JO. 


Thu.t  aU  ilie  iiilbniiation  iimt  .Mr.  TinrkH  couUl  uollwu  it.  ^upport  of  ilic  Mritiirtj  „,^,'X',';,"*,7K;': 
Hfotcnuion,   was,  that  the  l„iki;  Uninch  was  tulltd  Conm-<iicui,   or  tlie  Muiii  (,'„n. '"•«"«>"'"»•'• 
oeticui  Hivcr,  as  early  m  the  year  17!)0,  that  in  to  say,  seven  y»;ar»  subHcquunt  to 
Ihi!  (late  of  the  treaty  of  178U. 

The  information  was*  received  frem  thoHc  jx  rson*  vvho,  as  himtern,  are  the  earliest 
'■xploratiirM  <if  the  un«'tlU;tl  jurts  of  tin;  United  State*.  And  what  renders  Mr.  Tiarks' 
acciMint  decisive,  to  prove  that  the  Lake  Ilranch  liad  not  been  explored  by  the  Ame- 
ricans, or  at  least  was  not  '.illed  the  Main  Conneetieul  Hiv  r,  prior  to  the  date  to 
»vhich  he  refers,  (17'J0)  i»  that  he  had  no  (iillinulty  in  lindinK,  "'"'  '''"^  ''"  ■'»''"  t''i' 
name  of  llnU'sSireBm  lo  be  derived  from  a  liiniler  uf  ilie  name  of  Knoeh  Hall,  thai  it 
had  been  generally  knou  t  leail  iver  since  the  year  1 7H0  by  this  nan\e,  and  that  u 
Hentleman  had  informed  luni  that  hu  heard  the  name  in  the  year  1 77a. 

This  lost  iiiformalion  \va.i  perfectly  corn  i-l.  In  a  letter  from  John  Collins,  th'! 
Surveyor  appointed  on  the  part  of  the  Province  of  Quebec,  to  survey  the  division 
line  betwc  hat  Province  and  that  of  New  York,  doted  «'  Boundary  on  thi-  Connec- 
ticut, Octoi,  Isi,  1772,"  he  informs  the  Surveyor  General  of  New  York,  that  the 
line  terminated  (on  Conneelictit  River)  two  nules  and  live-oighlha  of  a  mile  above  the 
mouth  of  Hall's  Brook,  ninety  miles  from  Luke  Champlain.   (y) 

Dr.  Tiarks'  silence,  with  respect  to  the  time  when  the  other  streams,  viz:  Indian 
Stream  and  Perry's  Stream,  first  received  their  "particular  well  known  names,"  is 
a  decisive  proof  that  these  nunes  are  of  a  later  origin  than  the  date  of  the  Treaty. 
They  are  all  English,  and  I  only  have  been  given  by  American  settlers. 

Govti  nor  Pownall,  who  wrote  in  1775,  slate.'*  the  higliest  settlement  up  the  river, 
to  be  four  miles  above  the  Amanuseag,  and  about  iliirty  miles  South  of  the  -tSth  par- 
allel of  North  latitude,  (r)  The  war  with  Great  lirit«in,  and,  above  all,  the  Indian 
hostilities,  necessarily  prevented  the  progress  of  settlement,  till  after  the  restoration  of 
peace;  and  it  is  only  subsequent  to  that  epoch,  that  the  upper  branches  of  the  river 
could  have  been  settled,  explored,  or  disi    it;uished,  by  specilic  names. 

There  is  not .  single  map,  published  prior  to  the  Treaty  of  l'»3,  in  which  those 
branches  are  laid  down  correctly.  There  is  not  a  single  one  in  which  any  trace  can 
be  found  of  the  Connecticut  Lakes,  which  particularly  characterize  the  branch  pretend- 
ed lo  have  been  known  at  that  time  by  the  name  of  >'  Main  Connecticut  River." 

C.  R.  Sauthier,  otie  of  the  Surveyors  who  surveyed  the  boundary  line  lx;twecu 
the  Provinces  of  Quebec  .mil  New  York,  published,  in  the  year  1779,  a  large  map  ol' 
the  Province  of  New  York,  dedicated  to  Governor  Tryon.  In  that  map,  which  is 
compiled  from  authentic  documents,  the  Northern  boundary  of  the  Province  is  laid 
down  ill  exact  coid'ormity  with  the  olVicial  survey  of  llie  line,  (.v)  It  will  appear  evi- 
dent, on  an  inspection  of  the  map,  that  the  river  had  not  been  explored  North  of  thai 
boundary;  and  that  the  stream  there  represented  as  Uie  priiiei|)al  upjier  branch,  is 
Indian  Stream.  It  is  not  improbaide  that  this  name  was  derived  from  the  branch 
being  the  usual  Indian  path  to  the  River  St.  Lawrence,  and  that,  on  that  account,  its 
position  was  better  known  than  that  of  any  of  the  other  branches.  Another  remarka- 
ble circumstance  is,  that  the  branch  itself  i.s,  on  the  map,  designated  by  the  name  ol 
"  Head  of  Connecticut  River. "  If  this  map,  therefore,  was  consulted,  eithe.  by  Con- 
gress in  the  year  i77i(,  or  by  the  framers  of  the  Treaty  of  17HJ.  the  inference  seems 
unavoidable,  that  it  was  thence  that  that  expression  was  borrowed,  and  that  no  branch, 
Ea.st  of  Indian  Stream,  was  the  head  of  Connecticut  River  contemplated  in  the  in- 
.  'tlruciions  of  Congress  of  August,  1779,  or  in  the  treaty. 

The  result  of  this  inquiry,  therefore,  is,  not  only  that  no  proof  has  been  adducul. 


V. 


(yj   Written  Kvidence,  No.  26,  p»gc  ^.'IH. 

(f)  llritisli  Kvklciuf,  No.  40,  p»Ke  -1)4. 

,«)  Topogfi'uphici.l  EviUinci-.     iuncj  ,  No.  :>0,  ainl  F.n^.'-nvctl  Mi\'i,  Vn.  r,r- 


ii  is 


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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


& 


L<P 


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1^ 


86 

i"£';S"-  J''"^  •';:'  I^-''^  ""'"cl''  or  arty  other,  was,  at  the  lime  of  the  Treaty  of  I783   p„I„  • 

]y  (Iisl.ngu.shed  by  the  name  of  Connecticut  River,  but  that  ihL  '  ^^•='"*"*'- 

bility,  .nat  another  than  .i>c  Lake  branch  was  conte^p  tei  L  ,   '^-H     "?  """" 
Lead  of  Connecticut  River.  ^  ^  ^orth-westernmost 

The fiameis  of  the  treaty  could  not,  of  course   hnvn  l.»o» 
tincti ve  name  which  w.s  not  in  use,  e;en  in   ra't  prt  of  I    '""?'''  "''"  '"^  ''''^■ 
the  tre^ty.     «„.  u  .ust  be  observed,  that  the  ^^ci^a^l   ^^^TE:;;;::^-  f 
on  the  supposition,  that  they  knew  that  the  main  branch  of  the  Conl        .  p  '' 

already  then  distinguished  by  that  name,  at  a  place  mJl  than  two  mil  k'  u""'  ^'^ 
of  that  stream.  And  it  is  extremely  improbable'  rhrtl  ev  sh^^.T^  ^  *''  """'' 
e.l  with  that  particular  fact,  the  only  proof  o\^WhZst  be  f^.^'u""*" 
Map,  (0  and  in  the  unpublished  Rep'orU  of  thetu  veT  „  whord  '"  "f  r** 
boundary  line,  along  the  45th  parallel  of  North  lati  u  rbet«ee„  the  p'"'  " 

^ew  York  and  Quebec  Between  the  Provinces  ol 

..n,::s':?r::iy:it:m  t:*::^::  s -.^r  '-rr '-''  -' ''-  -'-'--  »^  '^^ 

.he  Connecticut,  wilut  any  disTncUv^nlt^^^^^^^^^  TT':  ""•-^^  "^ 

or  from  any  other  indication  on  the  map,  can  L    lideLd  a   e' T  '""  ''"  "'"' 

.he  designation  of  -  tJ,e  Connecticut  River,"  a7d  tha  thTntl  ?  ""^'^  ""''"'^  '" 
l>ava  intended,  as  the  North-westernmost  head "f  that  ve  XT'  ''"^T'  '""^' 
l.e  found  to  lie  North-west  of  any  other  without  an Trl  u  "'""'  '^°"'''' 

the  branches.,  to  the  exclusion  of^he  other  '  "  "'''''''''"  '°  '''''''  °*" 

'^'•^'■^'''""«^'^'- been  any  doubt  on  the  question  in  America      Th«  S.o.      fxr 
Hampshire  had  the  boundary  surveyed  in  the  vear  1 7«o  ?  ^  °^^^''' 

.     ty .  («)  and  it  is  laid  down  alordin'Jy  „  Carri:!;'!;'™  "r,"^  """  '''''  ''^■ 
weliasinthatofHalcofasubsequentdate;  bXf  IS  ^ave  b!e  '"..      V"^  " 


Hi 


Boundary  Line 
<rorn  the  Connec- 
liciit   lo  ilie   SI.  tions. 
l^anrencc. 


III. 

BOUNI,ARV  UNE  FHOM  THE  CONNECTICUT  mVER  TO  THE  HtVEH  ST.  LAWRENCE. 

§11. 
The  British  Statement,  on  this  branch  of  difference,  calk  only  for  two  observa- 

1.  The  Astronomer  of  the  United  States  thought  it  his  dutv  to  ,.,.™«* 
scentific  consideration  that  appeared  connected  with'the  case      aTh   iZTLT:: 
.ler  the  late  comm.ssion,  performed  his,  in  submitting  to  the  boa.-d  all  thlnl  • 

which  had  thus  been  communicated  to  him.  observations 

The  American  Commissioner,  for  the  rea.ons  stated  in  his  report,  did  not  think 
U  proper  to  expres.s,  at  that  time,  any  opinion  on  the  questions  rela^n^o  1 
of  any  part  of  the  boundary.     The  Government  of  the  IJn  if.,  I  T^  ""''""^ 

ing  for  what  purposes  and  in  what  cases  the  gu re  of  .e  al t^"  "''"  '""'"" 
of  the  observed  latitude  necessary,  concurs  in  ti.e  opiliol  trthr::;^:.^:; 
tude"  havng  never  been  admitted  in  geog,.aphy^.e  ob.served  latitudeTrcord:',g  lo 

(f)  Entfr.av..<l  Map,,  No.  56,     In  tl.is  Map,  IlalP,,  |s  called  Kin,  Stream  ^ 

(«)  Written  Evi<Ience,    No.  52. 

.  '■)  Tnpograpliical  Evidence.     .Srin  eys.  No.  Ofl, 


rencc. 


87 

which  the  latitude  of  places  has  been  universally  laid  down  in  every  map,  and  inserted  """■""•'y  i-iae 
in  every  usual  table  heretofore  published,  can  alone  be  appealed  to  in  a  question  relating  -  "ot.*'s°K': 
to  the  construction  of  ,•»  treaty.  ' 

2.  There  will  be  no  practical  difficulty  in  ascertaining  the  ancient  boundary  line 
jf  confirmed.  It  was  survej^eu  as  correctly  as  any  of  the  other  boundaries  between 
the  different  States,  and  a»  can  generally  bo  done  with  the  compus  through  a  forest 
It  IS  known  though  its  whole  extent,  having  been  for  near  sixty  years  the  acknowledg- 
ed boundary  between  the  Province,  or  State  of  New  York,  and  Canada;  and  the  line 
which  separates,  from  each  other,  the  grants  of  land  made  in  that  quarter  by  the  two 
Governments,  from  the  Connecticut  to  the  River  St  Lawrence. 

All  which  is  respectfully  submitted  by  the  Undersigned,  Agents  of  the  United 
States  in  the  negotiation,  and  upon  the  umpirage  relating  to  the  North-eastern  boun- 
dary  of  the  said  States. 

ALBERT  GALLATIN, 
WILLIAM  PITT  PREBLK 


■ih 


NOTES  TO  THE  STAl'EMENT. 


MADAWASKA  FIEF. 


NolutolhcHiiite 
inctit 


Ui  4   I 


ii: 


If 


I 


— •  ■  I'  5  m'***!!  'T*^'.  *''"*  """  *»"''''"'•*'"'  Fi*fappea«  much  larger  on  the  BritW,  Tra„. 

Madawaska  Fief.  ""'F  of  M«p  A,  than  it  really  is.    This  error  has  its  origin  in  the  terms  of  the  first  con- 
cessK,n  of  the  Fief,  in  the  year  1681;  (Bri'ioh  Evidence,  No.  13,)  in  -.hich  the  Grant  is  for 
three  leagues,  along  each  of  the  two  banks  of  the  River  Madawaska,  near  the  Uiver  St 
ftta":  T       T  ;  'i*.  '"'*  r"**^  Cecemlscouata,  and  two  leagues  depth  inland:  whence 
t  has  been  concluded,  that  there  were  also  two  leagues  depth  granted,  around  the  Luke 

NrTrTLf '  '':■  ''f  T  "'.''  'i^  '"''''  «f -i-Jf-nt  inSr55.  British  Evulete!: 
No.  17.)    And  according  to  the  sale,  the  adjudication  was  for  tl.e  Fief  of  Madawaska,  as 
containing  three  leagues  in  front,  on  each  side  of  the  river  of  f,e  same  name,  by  two  leagues 
m  depth,  together  with  the  whole  e.tent  of  the  Lake  CetemiscouaU.     In  ti.e^ct  of  Fa  U 
and  Homage,  by  P.  Clavene,  for  the  said  Fief,  in  1756,  it  is  described  as  being  on  the 
nverof  thesame  name,  situated  near  the  River  St.  John,  together  with  the  Lake  Cccemis- 
couala,  adjacent  thereto,  (ensemble  le  Uc  Ceceniiskouta  y  joignant.)  and  as  containing 
three  leagues  front,  or.  each  side  of  the  said  river  of  the  same  name,  by  two  leagues  in 
depth,  not  being  able  to  state  the  extent  of  the  said  Lake  cVemiskouta.  (British  Kvi- 
dence,  No.  18.)    The  same  expressions  had  been  already  used,  in  the  dveu  el  Dfyxombrc 
m«n<  of  the  year  1723.  (British  Evidence,  No.  16.)   .\gain,  in  the  receipt  for  the  domains 
and  dues  of  the  year  1756,  the  Fief  is  described  as  being  on  the  river  of  the  same  name, 
together  with  the  Lake  Cecemiskouta,  adjacent  to  the  said  Fief  of  Madawaska,  and  con- 
taining, &c.  as  in  No.  18.  (British  Evidence,  No.  19.)    Finally,  the  Fief  is  described  pre- 
cisely in  the  same  manner,  in  the  Deed  of  Sale  to  James  Murray,  by  the  Representatives 
of  P.  Claverie,  of  20th  July,1763.  (British  Evidence,  No.  20.)     Wnatevcr  then  may  have 
been  the  intent  of  the  original  concession  of  1683,  it  is  clear,  that  neither  P.  Claverie,  no. 
James  Murray,  nor  the  present  owner  who  claims  under  him,  can  claim  more  than  was  sold 
to  the  said  Claverie,  by  the  judicial  sale  of  1755,  ar.l  by  his  representatives  to  J.  Muri-ay; 
that  IS  to  say,  three  leagues  front  by  two  leagues  deptli,  on  eacii  side  of  tlie  River  Mada 
vvaska,  and  the  Lake  Temiscouata,  adjacent  thereto,  but  without  any  land  around  the  s.ud 
rake. 


I 


(JOVEUNOR  POWNALL'S  INFORM ATIO.N. 


^^overoo,  Pott  Speaking  of  the  height  of  land  between  the  Rivers  Kennebec  and  Chaudieie  ,  pa-'e  r 

he  declares  himself  to  be  totally  uninformed  "  of  tlie  nature  and  course  of  this  higlilaud'i'i. 
these  parts}"  meaning  cleariy  of  the  highland  beyond  tiiat  specihed  point,  which  he  dc- 
signates  with  great  precision. 

The  source  of  the  Kennebec,  wi(h  which  he  was  acquainted,  he  states  (pa-e  ^^A  to  be  in 
«  the  height  of  the  land  in  North  latitude  45°  20';''  and  the  route  which  he  ha°d  investigated 
to  be  that  of  Arnold  and  his  people.  The  map  A  will  shew  that  the  branch  of  Kennebec 
to  which  he  alludes,  is  the  "  Dead  River,"  the  source  of  which  is  in  the  above  mentioned 
latitiiue,  and  opposite  to  that  branch  of  the  Chaudiore.  now  raiJe.l  "  \rnold  River  "  from 


S9 

eve,.  .„„„„„  ,h.  l„g„,  .„j  „„  ,™„k.M.  He  rf lb.  »hok  ™m,,  ,?.    ,1^^ 
M„d  „  M„„,.  Uke,    IB.  i„r.™.,i.„,  ,h„rf.„,  ,HJ  „«  e.tl  „«,,'«■,    .'Dad  Ri,"' 

^  p..c...,|.«  ii,,„.  wub  „.p.c,  ,„  n.  ™„  ,„  ,„,k  ;„„»  1,"  „„iv  .1,  If ":± 

near  n.ne  y  .,lcs  to  .ts  north-westernn^ost  source,  and  «itl.  its  .„  i„  ea.t  brln  h  ^ ^^ 
runs  northerly  near  50  miles.  orancn,  winch 


O. 

SURVEYS  UNDER  THE  LATE  COMMISSION. 

The  line  drawn  due  north  from  the  source  of  the  River  St.  Croix,  was  surveyed  dur- 
mgthe  jears  1817  and  I8I85  viz:  the  first  99  miles  as  far  as  the  nLrll3        u 
18ir  by  the  BHtish  surveyor.  Mr.  Bouchette.  and  the  l^Ir^afsu^^^^^W  ^^  ^T 

rcnce,  146  m.^s  rom  .ts  commencement,  in  1818.  by  Mr.  Johnscn  and  the  BriUsh  Sur 
veyor,  Mr  Odell.  (Reports-British  Appendix.  No.  10,  pages  51.  54,  72,  "  tmen 
can  Append.,   No.  56.  pages  404,  405,  406.    Surveys.  N.  .7,  2,  3   4,    nd  2^ 

The  northern  extremity  of  t!.e  due  north  line,  was  .gain  exam  „ed  in  1820  by  the 
British  Astronomer,  Dr.  Tiarks,  and  the  American  Surveyor   Mr  Bur„h«^     Tu      V 
British  Appendix,  pages  121  and  135.)     And  Mars'  HTonh.L  •  ("T""*^ 

1819.  by  Mr.  Odell,  Tnd  by  the  AmeLn  S^eyor  i.  Pa'^  ^  TRrr";;' B  v'r 
Appendix  pages  88  and  9C     American  Appendix! p^ges  410:^3.  ^Su^^^^^^^^^^^ 

Mr.  Johnson  v.s.ted,  also,  in  1«18,  Green  Mountain,  west  of  the  due  nor^h  I^p'  !„  1 
the  Temiscouata  Portage,  which  last  place  was  also  examined  by  Mr  Fa  t  id    ,  i^l's  ,9 

In  the  year  1819,  Mr.  Partridge  and  Mr.  Odell  ascended  the  River  Ristook  as  hiM> 
as  .ts  forks,  and  returned  without  having  accomplished  their  object,  whic    was  to  p^Te 
trate  to  the  British  line.    (Reports-British  Appendix,  pages  97  and  89     Ameri  an  aT 
pendix,  page  410.    Surveys,  Nos.G  and  7.)  American  Ap- 

In  the  same  year,  the  American  Surveyor.  Mr.  Hunter,  ascended  the  River  Ali^uasli 
to  Its  source,  crossed  the  British  line  at  the  Umbazucksus  Portage,  ascended  tl^n„rt 
west  blanch  of  the  Penobscot  from  the  Chesumcook  Lake  to  its'Iou'e,      d       c  „      " 
1^  River  to  its  confluence  with  the  Matawamkeag.     (Reports-British  Append!     pa! 
H)6.    American  Appendix,  page  414.    Surveys,  Nos.  8. 9.  and  10 ) 

In  the  same  year  the  British  Surveyor;  Mr.  Campbell,  from  the  Sci.oodic  proceeded 
-o  the  Matuwamkeag,  thence,  some  distance  up  tlie  Penobscot,  and  visited  Mount  Cnthadin. 
Reports-British  Appendix,  page  90.  American  Appendix,  page  41,.)  Mr.  Odell,  and 
.,.e  American  Surveyor,  Mr.  Loring.  visited  the  same  mountain,  ia  1820,  and,  proceeding 
up  the  Penobscot,  crossed  the  British  line  at  the  Umbazucksus  Portage,  but  went  no  further 
-han  the  Aphmoogene  Lake,  oi.  the  River  Aliguash.  The  same  portage  was  again  visited, 
the  same  year,  by  Mr  Campbell,  who,  thence,  descended  the  Aliguash  to  it.  mouth.  (Ro- 
ports-Bnlish  Appendix,  pages  113,  146,  and  119.  American  Appendix.  na.^es4l6  4-' 
and  417.    No  Survey  but  that  of  Mr.  Loring,  No..  iGand  ir.j  "'^  PV^^l^  4..,. 


^i 


3|a-    |i  j 


fl 


j,  5 


90 

Niiui  In  thr  Stale-  fn    1  o  in     4I        4  ,, 

1,10,1,.  'n  lH-20,  fhn  Amnncan  Sinvevor,  Mr.  Iliintcr  anil  «ip  Rii»;j,  a  ».      . 

,,  ..^„„,.''-""^'' ^-^  H-r  «t.  J......  to  t..e  «:u,.ce.  of  i,!:;;.::;!::,::  "j^-^;^  ;- 

:L.'""'  ^' ■■'"•  7"'-«  "f  "''  '"«"'  '^utU  l,r»ncl.,.  when  ascen.ling  a  s.nall  sout  .-west  b  IncH,  ' 

point  L   on  the  American  I  raiiHcript  of  Ma,.  A,  xvhere  the  rondictin.^  lines  meet       I  ! 

izz'ir ''" •""  '■"■  '■"""""  ''""•'''■  i"^-'" - «o  s^rr 

In  the  same  year,  Mr.  rampbcll  eiplorcd  n  portion  of  the  hiM.lan.1,  n.tn     1    i    j 
can  Appendix,  page.  412  and  4ir,     Survey,  Cam , bell's  .^  etch    No  T    I    A    tZ 

On  the  American  line,  the  TuLidi  and  Green  River  Portages  were  cxamin.,1  *. 
,ear  by  Messrs.  Burnham  and  Tiarks.  and  that  of  the  River  i^IlZZZ  ZZ: 
and  Carhle     (Reports-British  Appendix,  pages  ,36,  ,22,  and  JG^.'^rre    'a.f  Aptn 
•J.x,  pages  418,  and  420.    Surveys,  Nos.  U,  14,  15,  23,  and  "4  )  ^'"^"'«"  ^ppeu 

All  the  other  Surveyors'  Reports  and  Survevs  relate  to  the  hii-hland^   f        ., 
ZZ:^  ^e^ennebec  to  those  of  the  ConnectiC,  and  to  the  .,;^^::£ ^Z  l^^ 

of  Mars'  Hill,  where  its  elevation  above  the  surface  of    he  m  er  S     Jol.n   s      T    T 
tant,  is  stated  at  523  feet.  ''"'  ^''^  ""'«*  ''"'■ 

According  to  the  section  of  Mars'  Hill,  civen  by  Mr   P-,rtri,l.«  u.  t 
one  mile  west  of  the  due  north  line,  are  1  163  and  1  .mf  ?  °  '        ""*  ^^^'^  "'"'"' 
Oliver  St.  John.    The  two  American'sl  v eyor    .op  e  e^t^t  ;:a„ir2:d- '  ^'"^  "^ 

.lohn   reaches  the  highlands  which  divide  the  waters  of  that  rive,  fr^     Zl  IT ^ '„''•  '•'• 
louche.     Mr.  Johnson  says,  that  this  ridge,  which  is  cUlr d  S„„-  ••  M  "" 

n.e  highest  land   on  the  line  Aon,  the  s-'^e  o;^    ^  C  1:1  In  7^"'  t.^^'^'''"''^ 
linned  by  Mr.  Houchette's  vertical  section,  by  ,.hich  it  a,  n  Is  tat       ■  '*  ' 

of  .he  River  St.  John)  is  more  than  500  leel  .iher  tl  Z^X^7C^^    ' 
more  than  2,000  feet  above  the  surface  of  the  River  .St.  John  '  "' 

At  the  distance  of  132  miles  from  the  source  of  the  Riv.-r  St  p    •      .> 
■  eaches  the  summit  of  a  ridge  which  lor.nsthe  n  .,      I      k  of     e  GrV  ."V       T"'  "'" 
..iver  Ristigouche.     This,  according  to  Mr.Odell,  ^  Z^     1^^  ^be' : ^ j\  '"; 
po>nt  intersected  by  the  line  north  of  the  last  mentioned  hiJ.Ln.l.       x    """"*'''-  '"»'"''*' 
.uhn.„.  it  is  the  hig^iest  of  any,  either  north  orr::; !  Ill  t'^  ^^T-''^  '"  ^"- 

Proceeding  north,  the  land  continues  high,  but  discemlin-^  ^r^.^A^r.7^       "    . 


91 


Grand  Portage 


r  Gri 

',   <    Pai 


Uivci   SI.  Lawrence,  and  wliicli  is  claimed  by  the  United  States  n.  ♦!,„  v    .1         ..... 

or  Nova  Scotia.  '        J     "■  '  ""™  "Wfes  as  the  North-west  i^ngle  KotcMnthoBuio. 

It  must  be  observed  that,  at  that  time,  it  was  hoped  by  the  British  Attrnf,  (h.f  *1  «"r~.'undrr 

would  be  found,  fro.n  Mar.'  Hill  .0  the  source,  of  the  Cl.audier    a    ontLuo:  f-'"'°  '"'""""■ 

.«    an    co„.picuous  mountains.    And.  on  that  account.  Mr.  S   con^re    t    TJe 

to  that  ol  Heaver  Creek,  as  not  entitled  to  the  .lesignation  of  "  HiMdands  » 

But,  making  every  due  allowance  for  the  9l,;5ht  diflTerences  bet'ween  the  statement,  of 

wst^Trr;; ''rr: '"^^''^ ''"'■'' '"'•'•""^-'8«^.»t about h';  Tr^m t,: 

mver  St.  Croix,  the  (point  A  on  map  A,)  is  somewhat,  but  not  much  Iowp,-  .!..„  .1,      •  1 

a    .3a.„i,         resumedtobethe  highest^potonthewlioleline,  and^^^^^^^^^^^ 
therefore  be  estimated,  so  fur  as  a  survey,  without  an  accompanying  sect  on  oMh    1     • 
".ay  be  relied  upon,  at  about  2.000  <eet  above  the  level  of  th7sea!  ' 

At  a  distance  of  about  70  miles,  in  a  course  South  of  West  is  fn.in.l  «i,„  -i'     • 

p.,..8o, «,. „.,, „™. „,„„ i„„^. ,^,,  ,,,,1^,:^::^ X :'"'": 

Grande  Fourche  Mountain,       ...  ,„,- 

Paridis  Mouiituia     ...  '  t'i''^ 

_  Biar  Mountain  ...,""  J''^^ 

Of  the  mountuinous  character  of  that  iwrt  of  the  rniii.f.i-  :„  ♦!.  "    .,    f  ^" 

term  in  the  British  Sutement,  there  can  beLdlltnTlllV^^^^^^^^^^^^^^ 

Bu  the  Uniteo  States  had  no  motive  to  ascertain  either  the  elevation  or  h  "racter  of 
the  1.1.  lands  claimed  on  their  part  as  the  boundary;  and  the  American  Surveyor  ap"f 
generally,  to  have  been  more  intend,  in  discovering  the  greatest  depressions  of  tha  K  ' 

se    cted  for  objects  of  investigauoiMhe  well  known  Indian  portages  or  carr  in.rnlnro 
w  u-h  must  be  and  are  invariably,  those  along  the  ridge,  tlia't  sepalte      r^  '  el,     t S 

tt  ioar:i:at:d!"'^""^'"''"'  ''"■-•^-^  '"^^•=*"'"^'  ^^•"^^''  -''^"♦"  *"«  ^^^ttz 

mJ^l^lr^'T  "V"'"."?''^  '''!"''  «f  "'-«  S»P«  «'•  depressions,  the  Tuladi  and  Green 
Ilive.  1  ortages   has  already  been  given  in  the  text,  and  is  described  at  large  in  Dr  Tiark^" 
report.     But,  since  it  is  declared  in  the  British  Statement  that  «  It  U  J 
tended,  on  the  part  of  Great  Britain,  that,  in  order  to  sppr\he  ch^a^^^^^^^^^^^  ''" 

signs  to  the  term  highlands,  tho.e  highlands  should  present  an  ahs!,!,  I  1  ,  ''" 
continuous  ri.lge,  wi-hout  the  intervention  of  valle  o  '^  1,  "  v^t  fsk^ttrt"'' 
spect,heh„hhn.ds    from  the  North-west  angle  o?  Nova  Scolia  cLIdbv      eul^U 

the  rmba.ucksus  or  Aliguash  Por.ge  is  ab i  .  1:^:!  ^:71S:TS; ^l^^;:^ 

Mr.  Odell  describes  the  Kmbay-ucksus  as  a  small  stream   ,vl.;oi.«oi,     -.     •     • 
.:f  .he  same  name.     He  states  that,  .^  Fi.m  Umba/  c     us^C         ""^"^  '*'  "''  '"  '  P""'> 

-ile^  ...  l'on,um  (Jan k  or  Alu.l  Luke,  the  f  st  S      I,  ^  '     T  ?  t  '""'''•'  ''  *"" 

.niles  long,  and  nearly  one  in  breadth,  b  ,    c.  '    loal        I  TT      n     k"  '*  "'""'  *'"'''' 

3;  r,,,  ,1»„.  ,1,,  ..Mac,  of  ,1,,  Ch..«„-,c.„k  Uk  "  '""  ""  '"*""'  f"'"'  '» 

»...:":;"irM::;i;;;;;:;:s:rr--->;*«;^^ 

(icscriDcii  i,y  Mr.  t),Jeij  gg  j,p,„g  j^jj  j^^^,^ 


it 


Ill  i  . ; 
1:1 


HM 


|r 


on 

'^'^m.n*'"""  nnJ  "varap,  except  about  ImU a  mile,  wl.eie  th*  ».rn.,„  i  •      r    , 

ttiver  St.  John,  theNorthMve.tcrnLt  bZrh  /^  u  '^  "'"  '^"'"''■'"•"  '"''"«^''  "^  '^r 
of  the  tribuur,  streams «/   o  ~  .a:di^^  7'"  ;|'.«  Me.jar.nette,  one 

.-ve  their  source.    The.  i.  a  n-out  Z  Z^^^^^  ;;;t;r:f '"^     ^'•-  ''»"--') 
pe.ta«e  .t.elf  i.  of  the  sa.e  character  with  tho.       t  e  R     ^  a .  "iri;"'  *""  ''" 
1  lie  River  Metiarmette   Mr  r^nii  ""="'"«;"' uiatii  and  Ouelle. 

of  the  b...nchea  of  le  ^  „  .Wot  ln\lTZ  ""'""'"" '"  '  '"^""'P'  •''"  "-■•"  "^  «"« 
virion  of  the  waters  of  tVe  St  j1  .„,,,. !„^  T^^'  """  '""  "'""  ^"''  *'-'«  -  »  "- 
ti..Appdi.pa^,34,a\rAriet:r^^^^^^^ 

one  of  the  .nountainl  de.ineaUd  on  t^       '       Z  b'-Z'tL^  TrT  ^'^''  '  ^'^«'^ 

The  country  between  Mars'  lliH  «„.i  #i     ir    ,  *^ranscnpt  of  the  map  A. 

in  t-pUces-iountSh^r  0      elVt  :.':^  --PproaJhed  onlv 

on  the  North,  both  about  .S  mile.  di^tanttmlB-li:,;!;:   '"'  "'  '''  ^'^"  '^^'""'^ 

St.  ci^^  w.:  t.ne:;^^::;;^'':-;^^^    -=  '^-  -^  «ive.. 

UmUzucksu,  Portage,  thence,  th^ug'h  t  c  Tplmole  tk  %  "T^"? v  '"''''* '"  ''^ 
to  it8  mouth,  and  down  the  River  St  John  taTniT  V^  '  ^""'"  *''"  ^''«""''  «'"«'•. 
North  line,,  and  thence  SoutI ,  Jl  t.  ^id  iJ  ?  T'''  "  "  '"**'""*''•«  ''^  «''«  «'»  " 
the  boundaries  thu,  described  desi^  L  e^^^^^^^^^^^  "'  *""  "^'^^  «»•  C^-^' 

.vhich,  with  the  exception  of  the  partial  survey  onhln  ft  ^n-"'"  '"'"•^""'  ^'♦'•'" 
Mount  Katahdin,  not  a  single  spot  ap7earf7ol^h!  "".    "'""  ■""'  ^'^  """' "^ 

ed  by  any  of  the  Surveyors^nd'Tr  th^^te  IrmLlT"'^  ""  '"^  *""  "P'"^^'*  ^  -»' 

^at  ti^^^irs^iirSs^r  s:;:-r  ^^  vi  --"--  -'^'•'» 

Campbell's  Sketch  (No.  18)  and  the  vieTtTkrn  h!  M  ^illT.T'''' "'^""P  ^'  ♦'"'"Mr. 
Park^s  Place,  wl.ich^  is  situaied  near  dX  ,  L  d^e  N:  h 7  """1  "'"  "'"•  ^™- 
South  of  Mare'  Hill.  ^'"*''  ''"•^'  ""«'  '»»»o««t  25  miles 

sket<r:fr;:::;s:;;:!::rit£;'rr''"^^r^"^^*^ 

as  seen  from  any  of  h  s   tl ^ns  i    the  il        "^^"'""^  *" '"'"  *"  **'""'"«'°  «''«  ho"-"", 
viewsof  thelandas   If  Z;:^^*^^^^^^^^  -nex  to  their  chart! 

of  any  landscape,  a.  inserted  '^^X^ZTZTZ]:^^^^^^^^      1  '"'"•"'^'"«""- 
that  .t  has  been  attempted  to  convert  the  .  Uf,„f  ',   "  **"'"'"''''•  <'"=  ""^t  time 

hills,  seen  fr«„on.  or'two  po^        'aVL    1  rvT."       ''?'"i  '"«"  ''''''^''^' 

conside^d  as  certain,  that  it  is  intersected  th^ou^      fbVr  2,'^^";  ^t^^'  ''  -^  ^c 
of  tl.c  Ristook,  the  sources  of  uhich  are  not  nrohIL  ■  ^'      '  '^'^""'>»'=ot  and 

;ni.e  apart.    And,  as  these  were  neces^ ri,  -1  ^   e^l,  :;,^^  ^^^"'7  '"-  "- 

<crven,ng  hills  and  forest,  he  has  cnittcd  tl.i  alt  !   her  dvin!  t'o  th      f  TT  '^  *'"=  '"" 
appearance  of  an  extensive  highlan.l,  with  scattm:! peakf  "'"'"  *''«f'»"»=!'"'« 

stated  what  was  already  in  proof  viz-  fl.,T  ."!  f  ,  ,  ,  ,  "'"'•  '"-'  *=""'•'  ""'v  have 
surveyed  or  visited,  bul  onlHet  a  ^  JlJ  ,  *' -""k""'  '"  '""«  '^'''^•' '-  '-"  "o^ 
plan,  and  the  pe.mptory  ob^cZ  wo  1  ^^  ;X"ml^r""  ''''7"'''  -"  "'"' 
tion  assigned  by  him  to  those  hills  on  the  pU.n   IZTf  Trr?'' '^''' '^'' P'''^' 

co.oct.,ro.  th.  correc<ne.  or  whiH,  it  ,v.!n;:.;;;Lr  :^t;:::  :::::^^^^^ 


jr 


i^ 


•ry  ...Ijacont  to  ,l.o  HnMnh  line, asriCn     e    1  V    ^f      '   '  ""'  ""  "''"'''  "•■""■  -'""-  «       -' 
to  n»  crclit  wim  ever      HU  vil     '.  f  "'^'•^P"''*  "^  •he  wl.oir,  i»  evi,|e„tlv  entitled 

'-  l.un,l,.e.l  feet  one  fro.u  ,he  ^er  Jl  '"""  "'"  "''"''  ^""'«  "»'  ''i"-- 

M.nV  Hill  ,,ein..  but  ab.  ut      5m.  f It    .  .'  ,'""  '""'""'''"'  •''"  '"""''"»«  '""ight  uf 

con^t  plan  of  the  «r„un.l  .hid,  he  ha.l  act^niv  expitT""'  """"'  '"  '"^  "^•'""•"'  "^ 

-re:  r^rssj::;:;  i::£;r;r'V"  ^r^-  *^«  •^^-bec  .a.^.  it. 

parties  having  cn.sed  the  i.rover"  ,    a  ^    ,      f     "''r,'  "^''"'"^ '-'«"'  -  «"^l.  bv  both 

found  .t  eleven  :niIeH  the  .ource/o  0  1^^^      H^^^^^^^^^^  "?  •'^)  »*  f"-  "»!-.  and 

le-  than  one  mile  apart.     8o  stro  "  ,  »'«"'"'-"<' «nd  of  one  of  the  Chaudierc. 

t-l.  Agent  and  Survevors  acted    2/  "       ,:  ZT!;:  T'?"'^'""  """^  ^•-•'  '"^  »n- 

t.al  condition  attached  to  the  l-i.d.ia^dX  5b     ^y   htrr   T''  ""  '''  •'^^^"■ 

elevated  rid.es  in  ,hc  direction  of  the  British  line  Mr  .  n^'  ""''  "''"'  '"  ''"^'^''  "f 

.nilo.  South  of  the  point  where  the  confli;   n^i  ;;^:.t   i:^     ""^•'^:':  '•^?  ^  '-'- 

ledu-ed  a8  such  bv  both  parties,  the  momenM,„ 7      i  .u      .        *'"'"'  "^'S'''""''".  acknow- 

ackno«le<,«ed  co'ntinuatlon  to    h    Me       .n^te  PoH'le'"'-'  ',""'"  '^^*  '="''■*•-'•     '»'''-• 

"lowland;"  and  he  considered  as -Mhe     a  1"  «h?     1'       T"'"^  ""  '"^  '^''''♦^''  «« 

.voralde  direction  and  .ountaino  J'^.:—  t^^ r^^'^— ^  ^I 

straight,  there  is  now  a  succession  o(  hi  I  1^  l^    .    "*'=''  "'  ''«''^">'"»'-e,  running 

tl.ree  n.iles  in  length,  lying  Fas     orth    S  ^T"  "'"'  "''*^"^'  ^'""^  "^  "''•'"  ♦"-  ""d 

and  VVcst,and«nu:be7<ddea;S  -me  of  them  K„st 

oven  six  n.iles  distance  from  t  e  .    „        s  1: "Irh""  ""'",  "'^'  "*  *""'  ^-'■'  "-' 

Xor..^.eoj;se,b;X-E^^^^ 

,..ovedt:,ir'";rS  ::"'"'"'  --'  ^'^^''-^^'-h  of  the  Briti..  U„e.  i. 

-..,  1.0  tollowed  it  down  ^.C    :     ^ S  mU     "^utrr""^"  ?  ''T"^"  "^""^  ''-»"- 
ilu-  Penobscot,  running  South-west  to  Von  |  T  .'"""'      ^'"  '"'""  '''•''"''''  «'" 

<u.-.her,runsKast  betln    J      a  ^  l'|    il U  f  ""'''  "'  ''"r^  ""^  *•'"''  "^  '-'^  >-'- 

^"^'  ^JSif  tf'^^'t  ^T" ''  •-"  ---rSif  ^:n^:  r'"  "'•  ^^^-- 

•'<  N... .i,.wesi  1:1!:. :.  .,r ^: ^"i: : r ti ' :: ■•""'""' '*"" '"^ -"'  ^-^ 

1.^'  ".akes  no  n.cnt.on  oh.-  Me   ^e  1  >  Z  ^  r       "'r'"'"  '^'  "'■•"'"''"'  "'""»'' 

'"'t  the  portage  exan.ined  by  iH'      ,on      '       7      "' ""l  """ '"""'  ""  "'^  «'"i^''  'i"". 
<lown  th!  St.  John.  ^  '•  ""'""  "'"*  ^"^^'  ^^'''^''  '-  "ossod  on  his  return 

bran  "If  I  "^j:!::.  :l^'i  z:'t::;:':T';  ''T''  -'---  -^  *^^  ^^•- 

*l'^-  -""-s  or  ,w.  .southern  branch  s  of  tl^S     J  1     M     "7  ,  "'."  "'  ^^'"^■''  "'-■'"'  ""'"-''^ 
•" i'l--tl.v  not  exceeding  te    .     e«   ,  1  .Mh       rl       "f  '    '    '  ""  ^^■'''"  '"*  ^^"<--'" 


l(\ 


Tjlt 


94 


V  1 


N...,,,,^....u,..  :,«,„,,.„  ,,„  ,,e„d  of  the  thesolm  and  the  main  8«utl.  I.ra.x  h  of  the  St.  J.,|,n      For  ll.. 
H1.-V7. ,.n...ni„.''e«»on*  already  ululctl.  it    in  iinpo.s-M..  that  he  could  have  uscertaii.rd   llicir  true   ih,s\ 

' "'""  'r """  f  •  ''":'"^"'  """•'"'«  "^'-""•^- '"  "'^"  '•'-'•""'"  (»"""'•  AHK.nd;;, ;:; 

Amcr.can  Appendix,  pn^e  4ir.)  ntato,  from  lu-ar.av  i..(„,„,ation,  .ha.  the  portaJ-  I.etween 
.t»  .ourcc,  and  that  ol  .he  St.  John,  i.  through  a  hoalh  bo«,  HurrouM.!.-.!  by  part  of  (he  ^ame 
"  irnttn  nda."  (hat  he  had  before  traced.  Uenide.  thin,  there  U  on  the  Hntish  Transcript 
ol  Map  A,  on  the  portage  between  the  .ource  of  the  Hiack  River  and  the  opposi.e  Sou.).- 
er  jr  branch  of  the  St.  John,  a  ranje  of  hilU  called  Quacuingamoolni.  Mountain,,  th, 
iitttlioritj:  for  which  \m  not  been  discovered  in  the  reports  of  the  .Survey.rs 

In  addi.ion  ...  what  hai.  been  mentioned  in  the  text,  respecting  the  character  o(  the 
hi;,  dands  between  the  sources  of  the  Kennebec  and  those  of  the  Connecticut,  it  n.av  be 
added  that,  nccordins  to  l)r.  Tiarks'  Survey  of  the  upper  branches  of  the  la.t  mentioned 
nver,  (No.  12,)  there  is  no  apparent  dillerence  between  the  character  of  that  heiKht  of 
land  an.l  that  of  the  portage,  on  the  American  line  which  he  had  examined,  the  ridden 
>vh.ch  he  has  delineated  being  parallel  to  the  branches  of  .he  Connecticut,  instead  of  run- 
Ming  between  their  sources  and  those  of  the  tributary  sIrca.UB  of  the  8t.  Lawrence 

It  is  not  intended  by  any  thing  that  precedes,  either  to  admit  or  to  deny  the  existence 
of  mountains  or  elevations  in  the  vicinity  of  the  Uritish  line.  It  is  onlv  intended  to  affirm, 
that  the  evidence  adduced  in  that  respect  is  wholly  insufficient.  And'  it  must  be  repeated 
that,  although  the  United  States  cannot  achwwUJge  as  true  an  assertion  which  is  not 
proved,  they  may  admit,  without  its  aflocting  in  any  degree  their  right  to  the  contested 
territory,  (hat  the  country  through  which  the  British  line  passes,  is  more  elevated  or  is 
better  entitled  than  the  highlands  designate.l  by  the  treaty,  to  the  character  of  a  -gene- 
rally  mountainous  country,"  in  the  sense  ascribed  to  those  terms  in  the  British  Statement 

It  may,  at  the  same  time,  be  observed,  tl.at  the  situation  of  the  highest  mountains  in 
that  district  of  country,  is  entirely  different  from  that  of  the  dividing  highlands  claimed  by 
either  Great  Britain  or  the  United  States.  A  succession  of  insulated  mountains  or  irre- 
gular ridges  of  a  greater  elevatian  than  any  other,  either  in  New  England,  or  in  the  United 
States,  East  of  the  Stony  Mountains,  may  be  traced  from  the  «  White  Hills,"  within  sixty 
miles  of  the  sea  coast,  extending  in  a  North-east  direction  to  '•  Mount  Kathadin,"  situated 
between  the  two  main  branches  of  the  Penobscot.  The  elevati  n  of  the  White  Hills  above 
the  level  of  the  sea,  (t.)  is  ascertained,  and  exceeds  seven  thousand,  that  of  Mount  Ki-tha- 
din.  IS  presumed  to  be  near  five  thousand  feet.  I'he  intervening  very  elevated  and  moun- 
tainous  country  IS  intersected  by  the  Penobscot,  the  Kennebec  and  their  numerous  tribu- 
tary  streams.  A  spur  known  by  the  name  of  Kathadin  Clump,  extends  Northwardly 
perhaps  to  some  much  lower  mountains  North  of  the  sources  of  the  Ristoook,  which  Mr. 
Creenleaf  intended  to  include  within  his  "mountainous  part  of  Maine"  The  hinhest 
ascertained  point  on  any  of  the  highlands  claimed  by  either  party,  is  the  place  called 
Image    on  Map  A,  and  is  hardly  wore  tlmn  2000  feet  above  the  level  of  the  sea. 


Jlr.rjallullM'al. 
iiT,  III  iiih  1), 
I'll. 


B. 

MR.  GALLATIN'S  LETTER  OF  DECEMBER  25,  1«24. 

In  that  part  of  Mr.  Gallatin'*  confidential  latter,  which  relates  to  the  North-eastern 
^    Boundary,  his  object  was  to  cmnmunicate  the  impression  under  which  he  wis  ih  it  ihe 
Government  of  Great  Britain  did  not  intend  seriously  to  assert  its  pretended  .'lain,    Iml 
had  advanced  it  for  tiie  purpose  of  procuring  wiih  more  facility  au  exchange  of  tm;(„rv 
Aware  that  the  United  States  could  not  voluntarily  cede  or  cxrh:,,,..,.  (u„!e,3  fou„d  to  be 
according  to  the  original  treaty  of  1783,  within  the  domini.ms  of  a  Foreign  Pouer,^    niv 
part  of  11  State,  he  tried  to  remove  the  objection  to  an  exchange,  by  asscrlin-  tl.at  til'-  ilis 
trict  in  question,  was  not  within  the  bounds  of  the  State  of  Massachusetts,  (m.w  M  line  / 


(r;  Written  KviiK-nce,  No.  4,5. 


U  \m  bcrn  hl,e«.,.  ia  tl,,  n.»,i  .oncluHive  m.ni.cr,  in  Ihc  VuM.  Ainr.i.an  Slatcmcnt, 
l.at  he  W.H  cmpldolv  n.istukc,  in  llmt  ,o.p«c..    Hut  Ihc  nmnnor  i„  which  .he  subject  hn.l 

been  h.>t  prtv.en..-d,  una  .ho  m,hHe,,uent  «h...rvH.i,M,,  of  .h.  I»n.i,h  CU,,»mis.i.u.c™,  jus.in^^ 
h.H  bcl.of    that  they  h.,1  no  faith  in  .he  nllegcl  right  of  (irc.t  U.ituin,  «nd  «r.c  .in.piv 
Uesuoiis  ol  obtiiiiiin/  a  tension  for  tm  equivaK-nt.  " 

An  apolo^fy  nii^jht  perha|.»  be  ,lue,  for  having  ascrib.,!  to  .he  British  Government  i.n 
..n.ound  arsvunent,  vhich,  it  i,  har.li,  nccennary  to  observe,  u,.  nothing  .nore  than  .he 
un.enal.  e  assert.0,,  that  .he  (Julf  of  «..  Lawrence  in  not  a  part  of  the  Atlantic  Ocean. 
Mr.  .a  h.tm  ha.  .l>en  no  other  knowledge  of  a  quention  for  the  firnt  tin.e  presented  an 
.  oubtful.  than  what  wa.  derived  from  the  treaty,  and  (ron,  map.  in  common  use.  After 
the  «.ost  .horo,.^h  i,.ve..iga.ion,  he  mo.t  H,.y,  that  the  preposterous  reasoning,  to  which  he 
though  (,re.t  Ur.ta.M  would  perhaps  be  obliged  to  renort,  does  not  appear  to  him  nmch 
worse  than  any  ol  the  nrgumcnt*,  which  have  been  .ince  alleged  to  nustain  her  extraordi- 
nary  claim. 


.\filei  Inibf  :4iuM 

IIIOIII, 

Mr.Otillailn'iil.ri' 
iiT  lit  UJili   Del 

Ir'li. 


]:ngraved  maps. 


Nos.  1  to  51),  are  |)n.a.pally  intended  to  shew  t!ie  understanding  which  prevailed  prior 
to  the  date  of  the  treaty  of  1  r8,5,  respecting  the  boun.larv  lines  of  the  Hritish  Provinces,  as  "'"""'' ""'" 
la.d  down  by  the  Proclamation  of  1763,  and  other  publicacls  of  Oreat  Britain,  and  rt-spect- 
ing  t  le  boundaries  of  the  United  Strtes,  as  described  by  the  treaty. 

-Vos.  40,  45,  51,  53,  54,  55,  50,  and  57,  are  quoted  in  the  American  Statement 

No.  42,  IS  the  supplement  of  No.  40.  Having  adduced  in  evi.lence  Mr.  Bouchette's 
Map,  No.  40,  It  was  not  deemed  proper  to  omit  his  other  maps,  Nos.41  and  43;  in  the 
l.rst  of  which  the  British  line  is  laid  down  along  Mr.  Hollan.l's  presumed  highlands,  and 
^e  two  rulges  or  highlands  respectively  claimed  by  both  parties,  are  al.o  delineated.  In 
No.  43,  the  duo  North  line  from  the  sourcce  of  the  River  St.  Croix,  extends  to  the  high- 
lands  claimed  bv  the  United  States. 

No.  44,  is  principally  intended  to  shew  the  subdivisions  of  the  Province  of  New  Bruns- 
wick,  and  Its  reputed  boundaries,  which  do  not  differ  materially  from  those  laid  down  in 
map  No.  45  The  boundary  line  between  the  United  States  and  Lower  Canada,  is  laid 
down  along  Mr.  Holland's  presumed  highlands. 

Nos.  4G  and  47,  of  the  years  1755  and  1775,  are  evidently  the  same  map,  without 
any  al  eration  as  to  the  boundaries.  No.  46  ha*  been  inserted  to  corroborate  the  facts 
proved  by  Mitchell  s  Map,  that  in  1755  the  boundaiies  of  Nova  Scotia  and  of  New  Eng- 
land were  un.lerstood  by  Great  Britain  to  extend  to  the  River  St.  Lawrence,  anil  that  the 
course  and  extent  of  the  Western  an.l  Northern  branches  of  the  River  8t.  John,  wer 
generally  known  No.  47  has  been  inserted  only  not  to  omit  any  map  bearing  that  date, 
but .  proves  nothing,  as  the  boundaries  prescribed  by  the  Proclamation  of  1763,  are  no 
laid  down  in  it.  >  <  i 

.5  ,^\TT^^lf'i  '".  ''^"'  "'•'•"'""•''♦'^^  «'•*  ■""">"«•'•  in  which  the  boundaries  of  Nova 
SCO  la  afld  New  hnj-land  were  un.lerstood  at  .hat  time,  and  also,  that  the  terms  "  land's 
height     and  "  highlands  "  were  then  used  in  that  part  of  the  country  as  synonvmous. 

Nos  49  and  50,  illustrate  what  has  been  stated  respecting  the'line  which"  is  presum- 
ed to  divi.le  the  River  from  the  Gulf  of  S..  Lawrence.  No.  50  alro  shews,  that  the  West 
crn  ex.renuty  of  Hay  .les  Chaleurs,  or  entrance  of  the  River  Ristigouch.,  is  only  ten  miles 
Iron,  the  .hviding  h,.,^hlan,ls.  there  called  "  Albany  Ri.lge,"  or  '■  Notre  Dame  Mountain,  "' 

No  5.1,  IS  that  .,1  the  Mi.ldle  British  Colonies,  annexed  to,  an.l  illustrating  Governor 
lownall  s  lopographical  Description,  quoted  in  their  Statements  by  both  parties 

'",  '""i;  ^;"-  ■'■*'  '1>';<'-'1  i»  »!»-■  Statement  for  another  purpose,"  will  be  f.iund  -  IliMi- 
l.ind  (  ouMty,  M.  calle.l,  as  it  would  seem,  on  account  of  the  hii^h  land  in  which  rivers 
have  their  sources  whi.:h  ILnv  in  three  .lillerent  directions,  vi/.  :  Kast,  to  the  Scioto?  South'. 
< .  the  Ohio:  and  Wcs,..  to  the  Little  Miami.  ' 


•6 


Knlialiilliiglliak" 
iiimi. 

Ailolpliiit'i 
illfkifjf, 


V.     i  ~ 


ADOLPFirs'S  HFSTORV. 

«..  ™-"^::rn;rs::;';;;z;;::: --:^:-.v'  - - 

Ketl.iT  uni,u.-lli«ible.     The  only  „ara.nn.l..  ,.r      "'V  "  "'"'«  "'"  ''"'^^  '"  "''"■ 

<n  ..:pS;;5^:i;::':;';;::;:  r:;:;s:::;  z:;-"" :  -  "^"-^  •"•  •-- 

whole  force  of  the  „«iio,.  was  in.uftJcienf    „  ^     t     /""■^"^'*'/"'''  »  -""i^'i""  '!'««  »ho 
^•r..     S„cceH.  W..UI.1  have  ,ive„7  n    v  ilZ  ,  7"  '  """"^  '"  ""'"■■  •""»- 

haunted,  the  long  interruption  of  coiniucrce  i.ro,lo.w..l  „  '"""•«'•  "f  AnuTica  were  ex- 

a  want  felt  fro.  the  hi«hL  to  the  ^o.:::z:^:::;^^z'TcZ::'  tt'--^ 

ercon  could  give  circulation  to  the  paper  currencv  •  n„.l       /      ,""'■     ^o  art  or  co- 
llritain.  but  the  warmest  adherent,  o    Amerce       „n;ide     ..         '  '''"''^  "'"'•"«' 

fur  another  ,ear,  and  Htill  .nore  the  ^^J^^TtZJl^T''''^'^  "''  ""  ^""^ 
and  hardly  desirable.*  Sir  Henry  Clinton  hi  s  If  1'  I  ^'  ".""''  ""'"•"'''"' 
walli.,forwar.led  an  a^urance  to  Vl.nini,  ^a  7  t«^  /  w""''"  "'"  '""''  ^'"••"- 
..nd  ,nen.  he  would  be  re.pon.ble  " t le  co  Ije'r^r  "  -."  ..rcernent  of  ten  thou- 
could  be  .nade,  the  Mini^ter^  who  alone ':  J:  e  Ld  r::: 'i  S'  t^"'""'  '^  ^''^ 
a  new  Hy«temwa.  adopted,  active  hostilitien  were  n    .l/^.t,  r*  T' '*'''''•■'' ' 

Clinton  being  allowed  to  retire,  wan  replaced  by  .Si/  ^r    CarletoV"""''  ""'  '"'  """'^ 

,he  autlT.  ''''''''  '''  "  ''"  ^''"'""•="  '"•^'"'  "'^-"--'.  ""l-'i«lit..  and  intellect  of 

It  was  after  the  surrender  of  Lord  Corntvallis    when  tl...  „„i     vox     ,     ■ 
'"Ml>eAn„y  aro.e  from  a  conviction  that  the  c  nte^    Ja.  r  ■'     ^     '""'"•"'"■ 

effort  unnecessary,  that  the  warmest  adher  nt    of  C.l  T  "'!'""''  ""^  '""''^•'• 

.•-crt.s,  tl.e  establishment  of  Independeny    «    "ItT  ;;''"''';  "^  *'^-  ^''"'P''"^ 

Ili.  authority  fortlK.t  assertion  iH   hat  ol'..?-!     "^'"*    '''   "'"'  '""''"^  ''''*'''"''/''- 
banish  himself  fro„.  hi.  ow 7      n  "    ''^ ^^  'T"'""'  "'"'  ""^  ^""'P^"-'  *» 

been  ve^.n-.^oVo,.....:,      r    l^int  1  r  o^".,:,:  '''^  *""';  "'""  '"-'  ^^e  tr.dy 

"•'  t ^  7"  -.-i-ce  could  not  Cr::z:!!tJ;::^:::z::-  ^^- 

,-.^HiCir::r2i;- 

liMim,!  „l  oU  llril.  „  will.  A,™  '  ,  .  .  ,  "'  '"  ""  """"'  "  »'S»- 


il 


*   "Silas  Dciin's  intevc.ptcd  leltci-i. 
■>   "  Vmm  private  inronnallrm  " 


I  in- 

Ifo. 
»'ll- 

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